SHEORANI Vs. 1ST ADDL. DISTRICT JUDGE SHAHJAHANPUR

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution the petitioner, who is landlady of a shop situated at Poyan district Shahjahanpur, has prayed for quashing the order dated 3.9.1980 passed by the First Addl. District Judge, Shahjahanpur dismissing the petitioner's suit for ejectment of opposite party No. 3 from the premises in question.

(2.) The petitioner filed Suit No. 19 of 1970 for ejectment of Ram Avtar opposite party No. 3 on the ground that the shop in question was constructed after 1951 i.e. in the year 1955 and as such the provisions of U.P. Act 3 of 1947 did not apply and that she did not want to keep him as a tenant and was terminated his tenancy by means of a notice. The suit was contested by opposite party No. 3, who pleaded that the shop in question was constructed in 1947 and that the provisions of U.P. Act No. III of 1947 were applicable. During the pendency of the suit U.P. Act No. XIII of 1972 came into force. The tenant filed an application on 14.5.1972. for permission to deposit the arrears of rent and costs. The amount was, however, not deposited and the tender was said to have been misplaced by the office. The tenant submitted another tender and sought permission of the court to deposit the arrears of rent and costs. The court permitted the defendant to do so. Thereafter the deposit was made and the Judge Small Causes having found that the tenant had deposited the amount required by Sec. 30 of U.P. Act No. XIII of 1972 dismissed the suit.

(3.) Aggrieved by the judgment of Judge Small Cause Court the plaintiff went up in revision before the District Judge, who by his order dated 13.5.1974 held that the tenant was not entitled to claim advantage under Sec. 39 of the new Act as he did not deposit the entire amount of rent, interest and costs of the suit during the period granted under that section. Accordingly, he allowed the revision and decreed the plaintiff's suit for ejectment.