BAUL Vs. PARASU RAM DUBEY

JUDGEMENT

(1.) T. P. Garg, J. This a landlord's petition arising from a suit for recovery of arrears of rent and eviction of Parasu Ram Dubey, respondent No. 1, from a portion of a house admittedly governed by the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (herein after referred to as the Act ). The eviction of the respondent No. 1 was claimed on the ground of default in payment of rent as contemplated by Section 20 (2) of the Act.

(2.) THE facts in brief are that the petitioner filed a suit for ejectment, arrears of rent, damages for use and occupation and cost of notice against respondent No. 1. THE disputed accommodation is a portion of house No. 31, S. C. Basu Road, Allahabad (detailed fully in Para 1 of the plaint ). It is alleged that the defendant was the tenant of the demised premises on a monthly rent of Rs. 40. THE defendant fell in arrears of rent since 1-5-1977 which he did not pay despite repeated demands by the plaintiff. He was consequently served with a composite notice of demand dated 23-11-1981 and served on 30-11-1981, but with no effect. He has neither vacated the disputed accommodation nor has paid the arrears of rent. Hence the suit.

(3.) THE tenant, respondent No. 1, filed a revision against the aforesaid decree. THE Vth Additional District Judge, Allahabad vide his judgment dated 19-3-1991 (Annexura-2 to the petition) allowed the revision and remand the case to the Court of Judge Small Cause to reappraise the evidence on record and decided the case afresh in view of the observations made in the judgment. Further that the sole point of controversy was the default (in payment of rent ). It was also held that even if the rent was deposited under Section 30 (1) of the Act by two persons, the benefit of the same could be given to the defendant.