SOHAN LAL HINDU DHARMSHALA Vs. JYOTISHANAND SHUKLA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition is directed against order dated 4.9.2002 passed by Civil Judge (Junior Division), South, Lucknow in Case No. 87 of 1995 Jyotishnand Shukla Vs. Sohan Lal Hindu Dharmshala . Through the said order Shri Jyotishnand Shukla tenant-respondent in this writ petition was directed to deposit the rent under Sec. 30 of U.P. Act No.13 of 1972. The argument of learned counsel for the petitioner is that the tenanted building in dispute belongs to the petitioner which is a charitable Institution and the Act does not apply to such institutions. It is not necessary to decide this question in this writ petition. Deposit of rent under Sec. 30 of U.P. Act No.13 of 1972 does not decide anything substantial. If a suit for eviction is filed by the landlord against the tenant on the ground of default and tenant claims that he is not defaulter for the reason that he has deposited the rent under Sec. 30 of the Act then in the suit for eviction tenant has to satisfy the court that the amount is deposited under Sec. 30 of the Act was validly deposited. The mere fact that Civil Judge (Junior Division) allows making of deposit under Sec. 30 of the Act does not mean that the deposit is valid. The validity of deposit has to be independently proved in the proceedings for eviction on the ground of default.

(3.) Similarly the argument of learned counsel for the respondent that there is nothing on record that the property belongs to trust need be decided at this stage. It will also be decided in the sit for eviction if filed.