KAUSHALAYA DEVI Vs. SPECIAL JUDGE GORAKHPUR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the caventer.

(2.) THIS writ petition has arisen out of a suit for recovery of rent and ejectment of the petitioner from the disputed shop on the basis of default committed by him. The tenant had deposited certain amount on 12-8-1985 after having got the tender of the same passed on 5-7-1985. He, however, claimed benefit of section 20 (4) of Act No. 13 of 1972 before the court below which however, held that he was not entitled to the benefit of the aforesaid provisions of the Act and had committed default in payment of rent. It was held that firstly, the deposit was not made on the first date of hearing and secondly, the amount deposited by him was short of the required amount and therefore, in my view of the matter the tenant had committed default in payment of rent.

(3.) IN view of the above discussion, the tenant had got no right to raise the plea of adjustment of excess payment towards tax at the stage of revision.