GHUREY LAL Vs. IXTH ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against an order dated 5 -2 -1990 of the Additional District Judge, Bulandshahr; whereby he set aside the order dated 11.4.1989 of learned Munsif, Bulandshahr under Section 30 of Act 13 of 1972. The application under Section 30 was filed by the petitioner tenant alleging that the landlord respondent No. 3 refused to accept the rent for four months remitted to him by money order dated 18 -5 -1988 and as such he was entitled to deposit the same in the Court. This allegation was denied by the Respondent. The learned Munsif observing that in S.C.C. suit No. 16 of 1978 the husband of the respondent -landlord stated to have refused to accept the rent being incomplete, allowed the application.

(2.) THE Revisional Court set aside the said order and rejected the application under Section 30 on the ground that money order coupon filed in the Case No. 64 of 1988 under Section 30 did not indicate refusal of rent and the record of Suit No. 16 of 1988 not being part of evidence before the learned Munsif the same could not be utilised in this case.

(3.) THE plea that a revision did not lie before the District Judge stands negatived by the observations in S. Chand and Co. v. IInd A.D.J., 1985 AWC 1984.