BRAHAM SINGH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Petitioner is a tenant in a portion of the building situated at Mohalla Kanoongoyan, Near Hathiwala Mandir Mandir, Moradabad. The respondent/landlord after determination of tenancy by notice dated 13.12.2007 instituted a suit being Suit No. 2 of 2009 before the Small Causes Court at Moradabad for eviction and on having defaulted in payment of rent since 2005. The parties contested the suit. The petitioner did not dispute that he is the tenant of the premises in question of which the respondent is the landlord.

(2.) The petitioner contended that the rent for the period 1 March 2005 to 31 July 2013 has been deposited in the Court unconditionally, accordingly, petitioner was entitled to the protection under sub-clause (4) of Section 20 of the U.P. Act No. 13 of 1972, therefore, is not liable for eviction on the ground of default. The Court of first instance decreed the suit on 21 October 2014 holding the petitioner to be defaulter in payment of rent for a period of more than 4 months. Further, the petitioner had already acquired a house in the name of his wife in Buddhi Vihar, Moradabad which is within the municipal limits of Moradabad, the defence under Section 20(4) of the Act to avoid the decree of eviction would not be available to the petitioner. The judgment and order of the Trial Court has been affirmed by judgment and order dated 2 March 2015 passed by the Revisional Court.

(3.) The petitioner has impugned both the above judgment and orders by means of this writ petition.