OM PRAKASH Vs. VINOD KUMAR AND ANOTHER

JUDGEMENT

(1.) Heard Sri V. Sahai, Advocate, for petitioner and perused the record.

(2.) Respondent-landlords instituted ejectment proceedings filing S.C.C. Suit No. 3 of 1991 in the Court of Small Causes/Civil Judge (Junior Division), District Jalaun seeking ejectment of petitioner-tenant from accommodation in question on the ground of default in payment of rent. The Suit having been decreed by the Trial Court vide judgment dated 31.10.2011 and petitioner's Revision No. 2 of 2011 having been dismissed by District Judge, Jalaun at Orai vide judgment dated 12.12.2012, this writ petition under Art. 226 of the Constitution of India has come up before this Court.

(3.) Petitioner-tenant contended, when notice dated 31.1.1991 was issued, four months' rent was not due against petitioner and, therefore, he could not have been treated to be defaulter in payment of rent so as to attract ground for eviction under Sec. 20 (2) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"). He stated that rent for the month of Aug. to Oct. 1990 sent by him to Sri Mewa Lal, the erstwhile landlord who refused to accept the same and, thereafter he deposited rent in Court in Misc. Case No. 42 of 1990 and that deposit is liable to be treated as valid payment made by petitioner to landlord, and, hence eviction on the ground of default in payment of rent is wholly illegal.