RAM LAL Vs. GAYATRI DEVI AND ORS.

JUDGEMENT

(1.) The instant revision arises out of the judgment and decree passed by the Additional District Judge, Court No.4, Pratapgarh passed in S.C.C. Suit No.2 of 2008, whereby the suit filed by the opposite parties No.1, 2 and 3 was decreed with costs and the revisionist was directed to vacate the premises in question within 30 days from the date of decree and also to pay rent @ Rs.5/- per month along with house tax with effect from 23.06.2003 till the decision of the suit.

(2.) I have heard Shri Sharad Nandan Ojah, learned counsel for the revisionist and Shri Shashank Shekhar Singh, learned counsel for the opposite parties No.1, 2 and 3.

(3.) The submission of the learned counsel for the revisionist is that he along with opposite parties No. 4 and 5 are tenant in respect of a portion of House No.69/3, situated at Mohalla Takkarganj, Pargana and Tehsil Sadar, District Pratapgarh. The rate of rent is only Rs.5/- per month, but the opposite parties No.1, 2 and 3 issued an illegal notice of demand claiming rent @ Rs.2,400/- per month. The revisionist after receipt of the notice tendered the rent to the opposite parties No. 1 to 3 through money order, but the same was refused by them. Having no other alternative, the revisionist deposited the rent in the Court of Munsif/Civil Judge, Junior Division under Section 30(1) of the U.P. Act No.13 of 1972. The opposite parties No.1, 2 and 3 filed a suit for arrears of rent and ejectment on the ground that the revisionist and opposite parties No. 4 and 5 had failed to tender the demanded rent and vacate the premises, therefore, their tenancy stood terminated.