SHRI CHAND GUPTA Vs. MADAN LAL

JUDGEMENT

(1.) THIS is a Plaintiff's appeal arising out of a suit for ejectment, recovery of arrears, of rent and Bhoomi Bhawan Kar. The accommodation in respect of which the suit had been filed is a shop constructed in 1962. The U.P. (Temp.) Control, of Rent and Eviction Act 1947 was not applicable to the accommodation. In the second appeal an application had been made by the Respondent tenant on 4 -8 -1972 for permission to make the deposits contemplated by Sections 39 and 40 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 192 (hereinafter referred to as the Act). The necessary permission was granted on 8 -8 -1972 and the deposits were made in this Court on 10 -8 -1972. The Act aforesaid came into force on 15 -7 -1972. The deposits as made on 10 -8 -1972 are thus within one month from the said date. Nothing has been brought to, my notice on behalf of the Appellant so as to bring the case within the proviso to Sub -section (1) or Clauses (b) to (g) of Sub -section (2) of Section 20 of the aforesaid Act.

(2.) WHAT , however, has been urged on behalf of the Plaintiff Appellant is that Section 39 aforesaid requires the tenant, inter alia, to deposit the full costs of the suit which would include full costs of the second appeal in view of Section 40 of the Act. It was urged that even though the Respondent may be justified in not depositing costs of the courts below inasmuch as the lower appellate court had directed the parties to bear their own costs, it was nevertheless incumbent upon the Respondent to have deposited the full costs of the appeal.

(3.) FACED with this difficulty the learned Counsel for the Respondent made two applications during the course of the hearing of this appeal one Under Section 151 of the Code of Civil Procedure for permission to deposit Rs. 98/ - which according to him represented the balance of the "full cost" and the other Under Section 5 of the Limitation Act with a prayer to condone the delay in making the said deposit of Rs. 93/ -. In place of passing separate orders on these applications propose to decide them by this very judgment.