SOBRAN SINGH Vs. PRAKASH CHANDRA GUPTA

JUDGEMENT

(1.) This is a revision under Section 25 of the Small Causes Court at the instance of the defendant-revisionist impugning the judgment and decree dated 26-4-1996 passed by the 3rd Addl. District Judge, Aligarh, holding the small causes powers in SCC Suit No. 9 of 1993.

(2.) The suit was filed by the present oppositeparty, Prakash Chandra Gupta, alleging that the defendant-revisionist, Sobran Singh, was a tenant under him in the suit premises and he had defaulted in payment of rent and was, thus, liable to be evicted. The notice demanding arrears of rent, terminating the tenancy and claim for the possession of the premises was served on the defendant. The demands were not fulfilled and the suit was filed.

(3.) It was the case of the defendant that he was not in default in payment of rent. Rent was tendered to the landlord personal but it was not accepted. The rent was, thereafter, sent by money order. The same was also refused. Thereafter, the tenant made deposits in Court under Section 30 of the U. P. Act No, 13 of 1972. When the suit was filed, on the first date of hearing, he deposited in Court all the sum that was required to be deposited tinder Section 20(4) of the said Act after adjusting the sum of Rs. 1050.00 which was deposited in terms of Section 30 of the Act. The defendant claimed protection from eviction on the ground of default in payment of rent.