LAXMAN Vs. DR. R.K. AGARWAL

JUDGEMENT

(1.) This writ petition filed by the defendant-tenant challenges the order passed by the trial Court dated 28.11.2000, whereby the trial Court decreed the SCC Suit No. 45 of 1999 filed by the plaintiff-respondent and order dated 25.4.2005, passed by the revisional Court, dismissing the SCC Revision No. 25 of 2004 filed by the defendant-tenant.

(2.) The brief facts giving rise to the present writ petition are as under:

(3.) That the disputed house is a out-house of Bungalow No. 32 situated in Jhansi Cantt., Orchha Road, Jhansi. The plaintiff-respondent filed a suit with the allegation that the defendant is the tenant in the said outhouse at the rate of Rs. 50.00 per month and that he has not paid rent since Jan., 1993 in spite of various demands of the plaintiff-respondent. That the defendant-tenant was served with a notice dated 20/21.1.1999, despite service of the notice, neither the rent was paid, nor the accommodation was vacated by the defendant-tenant, therefore, the suit for arrears of rent and ejectment was filed. The suit was contested by the tenant who admitted that after the death of original landlord Dr. Gulati, the plaintiff became the landlord of the disputed house. He pleaded that the house was let out to him at the rate of Rs. 8/- per month and not at the rate of Rs. 50.00 per month. He further pleaded that after service of the notice the plaintiff has refused to receive the rent, therefore, on 1.3.1998 a money order of Rs. 96/- was sent, which was also refused by the plaintiff-landlord. Thereafter rent for the period from 1.3.1998 to 31.8.1998 was again sent which was also refused. Therefore, the defendant-tenant deposited the rent under Sec. 30 of U.P. Act No. 13 of 1972 for a period of 20 months.