HIRAMAN PRASAD Vs. ZOHRA BIN ISLAM

JUDGEMENT

(1.) This writ petition has been filed against the order dated 27.2.2012 passed by the Additional District Judge, Allahabad in Civil Revision No. 10 of 2008, Hiraman Prasad v. Zoha Bin Islam upholding the order dated 13.12.2007 passed by the Judge, Small Causes Court, Allahabad in Suit No. 122 of 2002 whereby the suit of the plaintiff-respondent No. 1 (in short "landlord") filed for arrears of rent and ejectement was decreed. A suit for arrears of rent and ejectement was filed by the landlord. The Trial Court after perusing the pleadings, oral and documentary evidence on record decreed the suit by order dated 13.12.2007. Being aggrieved and dissatisfied with the said order, the petitioner filed a civil revision which was dismissed. Hence the present writ petition.

(2.) The only contention raised by the learned Counsel for the petitioner is that the Court below has committed illegality in not giving the benefit of section 20(4) of the U.P. Act No. 13 of 1972 (in short "Act") in spite of the fact that the entire amount as contemplated under section 20(4) of the Act was deposited.

(3.) Per contra, learned Counsel for the respondent-landlord has supported the impugned orders passed by the Courts below and has submitted that the petitioner did not deposit the entire amount as provided under section 20(4) of the Act, as such, the Courts below were fully justified in decreeing the suit in favour of the landlord. Learned Counsel for the respondent-landlord further submitted that the petitioner himself in his oral testimony has stated that while depositing the amount under section 20(4), he did not deposit the interest on the rent/damages as provided under section 20(4) of the Act for use and occupation of the building in question.