SAVITRI DEVI JAISWAL Vs. 1ST ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner. No one has appeared for the respondent even though the case has been taken up in the revised list. This is landlady's writ petition arising out of suit for eviction filed by her against tenant -respondent No. 2 (since deceased and survived by legal representatives). The suit was registered as Suit (SCC Suit) No. 475 of 1979. Smt. Savitri Devi v. Hiralal, on the file of JSCC, Allahabad. Landlady petitioner purchased the property in dispute on 1.7.1975. Suit was filed after serving notice of termination of tenancy and demand of rent. Rent was demanded at the rate of Rs. 10/ - per month. In the suit tenant pleaded that rate of rent was Rs. 2/ - per month. Defence of the tenant was struck off. That order was set -aside in the revision and the matter was remanded to the Trial Court. After remand defence was again struck off on 27.9.1985. Order dated 27.9.1985 has been filed alongwith supplementary affidavit today.

(2.) THE Trial Court held that the rate of rent was Rs. 10/ - per month and as tenant had not deposited rent, interest and cost of the suit etc. on the first date of hearing as required to be deposited by section 20(4) of U.P. Act No. 13 of 1972, hence he was liable to ejectment. Ultimately, suit for eviction as well as for recovery of arrears of rent and mesne profits was decreed on 24.1.1989. Against the said judgment and decree, tenant filed Civil Revision No. 96 of 1989. I Additional District Judge, Allahabad on 19.4.1990 allowed the revision in part and set aside the decree of eviction passed by the Trial Court, hence this writ petition by the landlady.

(3.) HOWEVER , the matter does not end here. In the order passed by JSCC on 27.9.1985, striking off the defence of tenant, copy of which has been filed today alongwith the supplementary affidavit, it is mentioned that the written statement was filed on 5.3.1980 and the first deposit was made by the tenant on 6/7 March, 1980. On the said date an amount of Rs. 112/ - as rent of 56 months i.e. from July, 1975 to February, 1980, at the rate of Rs. 2/ - per month, was deposited. Prior to 6/7 March, 1980 no amount was deposited by the tenant. Rent for the subsequent period was deposited subsequently as mentioned in the said order. In the said order, it is mentioned that the first date of hearing will have to be taken as 1.12.1979 as it was the date mentioned in the summons. In the said order, it is also mentioned that written statement was filed on 5.3.1980. I have got some hesitation in accepting 1.12.1979 as first date of hearing. However, there cannot be any manner of doubt that 5.3.1980 when written statement was filed was the first date of hearing. Till that date no amount had been deposited. There is another aspect of the matter i.e. cost of suit and interest, was never deposited.