SHIV NARAIN BARBAR Vs. KEDAR NATH SAHU

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 16.4.2010 passed by Additional District Judge, Court No. 2, Allahabad in Revision No. 462 of 2006 (Kedar Nath Sahu v. Shiv Narain Barbar) whereby the order dated 10.8.2006 passed by the trial Court was set aside and the suit was decreed in favour of the plaintiff. The respondent filed JSCC Suit No. 27 of 1995 in the Court of Judge, Small Causes, Allahabad on the ground of arrears of rent and ejectement. In the said suit following three issues were framed;

(2.) After exchange of pleadings and evidence, the trial Court decided the Issues No. 1 and 2 in favour of the petitioner and respondent respectively and held that the premises comes within the ambit of Rent Control Act and the legal notice was served upon the defendant. As far as the Issue No. 3 "whether the defendant tenant is entitled to benefit as provided under wider Section 20 (4) of the Act" is concerned, the trial Court held that the petitioner has deposited the entire rent and damages in accordance with the provisions as provided under Section 20 (4) of the Act, as such, the defendant-tenant was entitled for the benefit under Section 20 (4) of the Act.

(3.) Feeling aggrieved and dissatisfied with the said judgment and decree, the respondent-landlord preferred SCC Revision No. 462 of 2006 wherein it was, inter alia, held that since the petitioner did not deposit the cost of the suit, he was not entitled for any benefit under Section 20 (4) of the Act. The judgment and decree passed by the trial Court was set aside and the revision was allowed by order dated 16.4.2010. Hence the present writ petition.