MOHD SHAHID ABDUL GHAFOOR Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition filed by the tenant was dismissed by me on 23.3.2004 in respect of eviction decree and it was allowed in respect of arrears of rent. The findings of both the courts below to the effect that rate of rent was Rs. 500/- per month were reversed by me and it was held by me that rate of rent was Rs. 50/-per month. Regarding the plea of tenant in respect of benefit of Section 20(4) of U.P. Act No. 13 of 1972 I held as follows in paragraph 8 of my judgement dated 23.3.2004: Learned counsel for the petitioner was granted time to show as to whether petitioner complied with the provisions. Section 20(4) of the Act even if rate of rent is taken to be Rs. 50 - per month. Learned counsel for the petitioner was unable to show that complete deposits as required by Section 20(4) of the Act were made even if rate of rent is taken to be Rs. 50/- per month. Hence there is no question of giving benefit of Section 20(4) of the Act to the tenant-petitioner. Thereafter this review petition was filed.

(2.) Learned counsel for the tenant applicant supplied a chart showing that tenant was required to deposit only Rs. 3699/- in order to avail benefit of Section 20(4) of the Act, if the rate of rent was taken to be Rs. 50/- per month while he had deposited Its. 3815/-, as mentioned in the judgement of the trial court. In view of that landlord-respondent was directed to file counter affidavit.

(3.) Learned counsel for the landlord concedes that in case rent is held to be Rs. 50/- per month and it is also held that tenant was required to pay court fees only at the rent found due towards 'cost' as provided under Section 20(4) the tenant will be entitled to the protection of Section 20(4) of the Act. However, he has argued that the amount deposited by the tenant was short as court fees had been calculated on the basis of rent of Rs. 50/- per month. According to the learned Counsel for landlord-respondent, even if it is held that rate of rent is Rs. 50/- per month, still tenant is required to pay actual fees paid by the landlord on the basis of rent of Rs. 500/-per month. In is regard learned Counsel for landlord has cited the following authorities: