YOGESH KUMAR Vs. KUND KUND EDUCATION ASSOCIATION KHATAULI

JUDGEMENT

(1.) The tenant has filed this petition for quashing the judgment and order dated 29th January, 2001 passed by the Judge, Court of Small Causes by which the suit for eviction and recovery of arrears of rent was decreed. The petitioner has also sought the quashing of the judgment and order dated 21st December, 2001 by which the Revision filed for setting aside the aforesaid order was dismissed. It is the contention of learned Counsel for the petitioner that the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') are applicable to the building and the plaintiff was not entitled to the exemption from the operation of the Act. He has also stated that the petitioner is ready to deposit the entire arrears of rent from 1st January, 2002 till 29th January, 2011 @ Rs. 125/- per month and thereafter @ ' l,000/- per month and shall continue to deposit the same during the pendency of the writ petition.

(2.) The matter requires examination. The respondents may file a counter-affidavit within four weeks. Rejoinder-affidavit, if any, may be filed within two weeks thereafter.

(3.) List this petition for admission/hearing in the week commencing 19th March, 2012. In view of the submission advanced by learned Counsel for the petitioner, it is ordered that till the next date of listing the petitioner shall not be evicted from the premises in dispute provided he deposits the entire arrears of rent w.e.f. 1st January, 2002 to 29th January, 2011 @ Rs. 125/- per month and w.e.f. 31st January, 2011 till 31st January, 2012 @ Rs. 1,000/- per month before the Court of Small Causes within a period of four weeks from today and on such deposit being made, the Court of Small Causes shall permit the respondent to withdraw it on an application moved for this purpose. The petitioner shall also make payment of rent @ Rs. 1,000/- per month to the landlord till the next date of listing. In the event of default of any of the conditions mentioned above, the interim order shall stand vacated.