TRIBENI BAI Vs. MUNSIF MIRZAPUR

JUDGEMENT

(1.) S. U. Khan, J. Both these cases have been filed by the landlady. Writ petition is directed against order dated 20-9-1982 passed by Munsif, Mirzapur in Misc. Case No. 17 of 1981 under Section 30 (2) of U. P. Act No. 13 of 1972 permitting the tenant, Hindustan Alluminium Corporation Limited (HACL) to deposit rent until decision regarding entitlement of the person to receive the rent as landlord. Revision is directed against judgment and decree dated 14-5-1984 passed by J. S. C. C. /vth Additional District Judge, Mirzapur dismissing the suit for eviction on the ground of default filed by landlady Tribeni Bai against tenant HACL being SCC Suit No. 2 of 1983.

(2.) THERE is no dispute that in case rent deposited by the tenant under Section 30 (2) of the Act is taken to be validly deposited then tenant would not be liable to eviction on the ground of default.

(3.) SRI M. L. Singhania filed suit before Sub-Divisional Officer (S. D. O.) under Section 202 U. P. Z. A. L. R. Act in the form of case No. 1 of 1972 for redemption of mortgage. In the said suit he also deposited the mortgage money. Unfortunately the said suit has not been decided for 34 years and is still pending.