RAM ASREY CHATURVEDI Vs. DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and decree passed by Judge. Small Causes Court. Deoria, decreeing the suit against the petitioner and the judgment dated 16-12-87, passed by District Judge, Deoria, affirming the judgment in revision.

(2.) BRIEFLY stated the facts are that the petitioner was a tenant of shop situate at Arjun Road, Deoria. Respondent no. 3 was the landlord who died during the pendency of this writ petition, He filed S.C.C. suit no. 44 of 19.80 for recovery of arrears of rent, ejectment and damages against the petitioner on the allegation that the petitioner was in arrears of rent since April, 1980. A composite notice demanding arrears of rent, house tax and water tax and terminating the tenancy was sent to him on 29th August, 1980. The notice was refused by the petitioner. He did not pay the arrears of rent, hence he was liable for payment of the arrears of rent, house tax and water tax, damages for occupation and liable for eviction. The suit was contested by the petitioner on various grounds. He alleged that he personally tendered the rent to the landlord respondent no. 3 but he refused to accept the same. He thereafter sent the money order on 29th May 1980 but respondent no. 3 refused to receive the money order on 7th June 1980 and thereafter he moved an application under section 30 (1) of U. P. Urban Buildings (Regulation of Letting, Rent, and Eviction) Act 1972, (hereinafter referred to as the Act) and deposited the rent for April and May 1990. Further, he went on depositing the amount in the said proceedings for the months of June, July, August, September, October and November 1990. He did not refuse to accept any notice sent by the landlord. He was not liable to pay house tax and water tax to the plaintiff.

(3.) I have heard learned counsel for the parties.