RAM DASS Vs. RAI CHANDI DAYAL AND OTHERS

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution is directed against the judgment and decree dated 3-11-1979 passed by Sri Y.R. Tripathi, Judge Small Cause Court, Rae Bareli as upheld by the judgment and decree dated 26-4-1980 passed by Sri S.D.N. Singh District Judge, Rae Bareli.

(2.) The petitioner was a tenant of Opposite Parties Nos. 1, 2 and 3 in respect of a shop on a monthly rent of Rs. 40. The shop was governed by the provisions of the U.P. (Temporary) Control of Kent and Eviction Act, 1947 which has since been replaced by the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).

(3.) Opposite Parties Nos. 1 to 3 had filed a suit for eviction of the petitioner from the shop in question as also for recovery of arrears of rent and damages for use and occupation. Thus, suit was filed on 1st June, 1971. During the pendency of the suit the Act came into force with effect from 15th July, 1972 and, consequently, the petitioner, in order to take advantage of the provisions of Sec. 39 of the Act, made deposit of Rs. 957 in the Trial Court so as to save himself from bring evicted from the disputed shop. This deposit has been found by the Trial Court as also by the Revisional Court to be short of the amount required to be deposited under Sec. 39 of the Act, consequently, the suit has been decreed and the petitioner has been directed to be evicted.