TRIBENI BAI Vs. MUNSIF

JUDGEMENT

(1.) 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 H.A.C.L. being S.C.C. 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.) Smt Tribeni Bai let out the accommodation in dispute to HACL through lease deed dated 1.1.1960 at the rate of Rs. 250 per month, which was enhanced to Rs. 375 per month through another deed-dated 16.3.1968. Accommodation in dispute is in the form of a bungalow constructed in a part of agricultural land.