OM PRAKASH Vs. ANIL KUMAR

JUDGEMENT

(1.) Heard Sri Manish Goyal, learned Counsel for the petitioner and Sri Pankaj Agarwal, holding brief of Sri M.K. Gupta, learned Counsel for the respondent. The landlord, having failed in his attempt to evict his tenant on the ground that there has been default in payment of rent, has come to this Court by means of present writ petition, filed under Article 226 of the Constitution.

(2.) The petitioner, Om Prakash, is owner and landlord of shop No. 2/27, Seth Gali, Agra. Anil Kumar, the sole respondent, is the tenant. The petitioner filed Suit No. 47 of 1995 alleging that respondent-tenant has committed default in payment of rent since 1.4.1989 and despite issuance of registered notice dated 19.1.1991, served upon the tenant personally on 23.1.1991, rent has not been paid hence his tenancy stood terminated and he is liable for eviction. He also sought a decree of recovery of arrears of rent, damages and mesne profit.

(3.) The respondent-tenant contested suit stating that rent sent by money order but landlord declined to accept the same whereafter it was deposited under section 30(1) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") in Misc. Case No. 93 of 1989. The notice received from landlord was duly replied and information of aforesaid deposit was also given, hence, the suit is liable to be dismissed.