LEKHRAJ Vs. HARKI DEVI AND OTHERS

JUDGEMENT

(1.) The tenant has filed this petition for quashing the judgment and order dated 31st Oct., 2003 passed by the Judge, Court of Small Causes by which SCC Suit No. 23 of 2000 filed by the landlord was decreed for eviction and arrears of rent. The petitioner has also sought the quashing of the judgment and order dated 16th Jan., 2012 by which the Revision filed by the tenant for setting aside the aforesaid judgment was dismissed.

(2.) Both the Courts below have recorded a finding of fact that the defendants were in default in payment of rent for more than four months and that the defendants were not entitled to the benefit of the provisions of Sec. 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction), Act, 1972 (hereinafter referred to as the 'Act') since they did not deposit the entire amount of rent due on the first date of hearing.

(3.) Learned counsel appearing for the petitioner has not been able to satisfy the Court that the findings recorded by the Courts below regarding default in payment of rent since June, 1992 and denial of benefit of Sec. 20(4) of the Act are perverse. There is, therefore, no good reason to interfere with the impugned judgments.