SREE KRISHNA Vs. SHAIL KUMARI

JUDGEMENT

(1.) THIS is a revision against the judgment of the lower revisional Court, Additional District Judge, dismissing the revision arising out of judgment and decree for the arrears of rent and ejectment passed by the Judge, Small Causes Court. The house in question originally belonged to Gaya Prasad. He was the landlord in respect of the accommodation in question. The defendant petitioner occupied a tin shed room @ Rs. 6/- per month for the last several years. Admittedly, the house in question along with the tin shed room in question was sold to one Smt. Shail Kumari the present landlord-respondent by a sale-deed dated 11.6.1987.

(2.) AFTER purchase of the house in question, the landlord served a notice of arrears of rent and ejectment dated 6.7.1987 claiming the arrears of rent for the period 8.1.1971 to 8.8.1987 @ Rs. 25/- per month. A written statement was filed by the tenant-petitioner. It was specifically pleaded that rent for the period of 18.11.1971 to 17.8.1987 was deposited by him under Section 30 of U.P. Act No. 13 of 1972 which is on the disposal of the landlord. It was also stated that before depositing the amount of arrears in the Court a money order for Rs. 996/- was sent to the original landlord Gaya Prasad which was refused. Hence, the amount was deposited in the Court. The claim of the plaintiff opposite party was opposed and it was stated that no decree for arrears of rent and ejectment can be passed against him.

(3.) THE petition is allowed. The parties to bear costs. Petition allowed.