KHURSHEEDA BEGUM Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is tenants' writ petition. Suit of the landlord respondent No. 3 filed against tenants has been decreed by both the courts below inter alia on the ground of default. The main question involved in this writ petition is regarding validity of deposit made by tenant under Section 30 of U. P. Act No. 13 of 1972.

(2.) Tenants instituted Misc. Case No, 137 of 1993 under Section 30 of the Act in which rent from January. 1987 to December, 1993 was deposited on 9.4.1993. Thereafter on 25.1.1994 rent for the entire year of 1994 was deposited and on 5.1.1995 rent of 1995 from January to December was deposited. Thereafter the rent from January, 1996 to December 1996 was deposited on 24.2.1996 in the eviction suit giving rise to the instant writ petition instituted before J.S.C.C., Varanasi (Suit No. 113 of 1993). The tenant had appeared before J.S.C.C. on 2.7.1994. The deposit of rent on 5.1.1995 from January, 1995 to December, 1995 under Section 30 after appearing in the suit for eviction cannot be said to be a valid deposit.

(3.) The admitted rate of rent is Rs. 17.50 per month. The landlord sent notice of termination of tenancy and demand of rent from January 1987 to January 1993. The notice was sent on 27.2.1993, which was served upon the tenants 6n 12.3.1993. The tenants sent reply to the notice on 6.4.1993. The tenants pleaded that even though they were not defaulters and entire rent had been paid however as landlord had not issued any receipt hence after receiving notice the tenants remitted the entire rent from January 1987 to December 1993 (Rs. 1,480) through money order which was refused. In the suit dispute of extent of accommodation was also raised. The landlord had also pleaded that apart from default tenants were also liable to ejectment on the ground of sub-letting.