S.RAVIS Vs. JUDGE SMALL CAUSE COURTS

JUDGEMENT

(1.) Heard Sri A.D. Saunders, learned counsel for the petitioner and Sri M.A. Qadeer, Senior Advocate, assisted by Sri Shamim Ahmad, Advocate for the respondents. The suit filed by petitioner for ejectment of respondent No. 3 from accommodation in question has been decreed partly to the extent of recovery of arrears of rent by permitting landlord to withdraw the amount deposited by respondent-tenant under Section 20(4) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") but the suit for the relief of ejectment has been dismissed vide order dated 14.10.1996 and the said order has been confirmed by dismissing petitioner's revision vide judgment dated 23.9.1999.

(2.) Learned counsel for the petitioner submitted that there was no deposit on first date of hearing. The amount paid under Section 30(1) of Act, 1972 after issuance of notice could not be given due credit under Section 20(4) of Act, 1972 and therefore, impugned orders are liable to be set aside.

(3.) The submissions, as advanced, if considered vis a vis facts of the case, are thoroughly misconceived.