PRAKASH CHAND GUPTA Vs. SOBRAN SINGH

JUDGEMENT

(1.) This is second round of litigation in this Court. The revision is Under Section 25 of Provincial Small Causes Courts Act at the instance of plaintiff landlord against the judgment and decree dated 7.11.1998, passed in S.C.C. Suit No. 9 of 1993. The trial court has dismissed the suit for ejectment of defendant-tenant and extend the benefit of Section 20(4) of U. P. Act Nor 13 of 1972 and held that the plaintiff is entitled to withdraw the amount deposited under the aforesaid section. Feeling aggrieved against the aforesaid judgment and decree present revision has been filed by the landlord.

(2.) Suit giving rise to the present revision was instituted on the pleas, inter alia that the defendant was tenant on monthly rent of Rs. 150 in respect of the shop situate at Mohalla Purani Sabzi Mandi, Qasba Sasni, district Aligarh. The defendant being defaulter in payment of rent tenancy was terminated by means of notice dated 23.1.1993 demanding arrears of rent from the period 1.6.1991. The said notice was served by refusal on 8.2.1993. Hence the suit was filed.

(3.) The suit was contested on the pleas inter alia by the defendant that he is not defaulter in payment of rent and paid the rent for 16 months (for the period 1.6.1991 to September, 1992) in cash but the plaintiff did not issue any rent receipt. Thereafter the rent was sent through money order which was refused, thereby compelling the defendant-tenant to deposit rent Under Section 30 of U. P. Act No. 13 of 1972 before the Munsif, Hathras, in Misc. Case No. 23 of 1995. It was further pleaded that in any view of the matter the defendant-tenant has deposited entire arrears of rent together with interest and cost etc. in the suit on the first date of hearing, i.e., 20.8.1993, after adjusting the amount already deposited by him Under Section 30 of the Act. The legality of the notice and its service on him was also challenged.