LAWS(ALL)-2012-4-263

SAVITRI DEVI Vs. RAMESH CHANDRA

Decided On April 20, 2012
SAVITRI DEVI Appellant
V/S
RAMESH CHANDRA Respondents

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 19.3.2012 passed by the Additional District Judge, Court No. 16, Agra in SCC Revision No. 27 of 2011 upholding the judgment and order dated 17.8.2011 passed by the Additional Judge, Small Causes Court, Aligarh in SCC Suit No. 35 of 2004 whereby the suit of the plaintiff-Respondent (in short "landlord") filed for arrears of rent and ejectment was decreed. A suit for arrears of rent and ejectment was filed by the landlord. The trial court after perusing the pleadings, oral and documentary evidence on record decreed the suit by order dated 17.8.2011. Being aggrieved and dissatisfied with the said order, the petitioner filed a SCC revision which was dismissed. Hence the present writ petition.

(2.) The only contention raised by the learned counsel for the petitioner is that the Courts below have committed illegality in not giving the benefit of Section 20(4) of the UP Act No. 13 of 1972 (in short "Act") and the impugned orders passed by the courts below are based on complete misreading of the case and misconception of the legal position relevant to the matter, and has not considered the material available on record in right perspective.

(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 did not deposit the entire money as provided under Section 20(4) of the Act at the first date of hearing for use and occupation of the building in question, as such, the courts below were justified in not giving the benefit of Section 20(4) of the Act.