MADHU MITTAL Vs. VTH ADDITIONAL DISTRICT JUDGE GHAZIABAD

JUDGEMENT

(1.) HEARD learned Counsel for the parties. This writ petition was earlier allowed by me on 9. 7. 2004 without hearing any one on behalf of respondents as no one had appeared on their behalf. Thereafter rehearing application was filed which was allowed on 28. 11. 2007 and judgment and order dated 9. 7. 2004 was set aside. On 28. 11. 2007 learned Counsel for both the parties were heard on the merit of the writ petition also.

(2.) THIS is landlord's writ petition arising out of suit for eviction on the ground of default and for recovery of arrears of rent instituted by original landlord Charan Singh against tenant-respondent No. 2 Smt. Sumar Kaura in the form of S. C. C. Suit No. 14 of 1995. J. S. C. C. , Ghaziabad decreed the suit for eviction and recovery of arrears of rent though judgment and decree dated 30. 1. 1996. Against the said judgmnt and decree tenant respondent No. 2 filed S. C. C. Revision No. 60 of 1996. During pendency of revision original landlord Charan Singh died and was substituted by petitioner his daughter. Vth Additional District Judge, Ghaziabad allowed the revision on 19. 3. 1997, set aside the judgment and decree passed by the Trial Court and dismissed the suit. Landlord has filed this writ petition against the said judgment and order of the Revisional Court.

(3.) THE only question involved in this writ petition is as to whether deposit of rent by the tenant before Munsif/civil Judge (J. D.), Hapur under section 30 (2) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 even after receipt of two notices dated 27. 1. 1994 and 3. 10. 1994 was valid or not. If the said deposit is held to be valid then tenant can not be evicted as in that eventuality tenant would not be held to be defaulter. Section 30 (2) of the Act is quoted below : section 30 (2) : Where any bona fide doubt or dispute has arisen as to the person who is entitled to receive any rent in respect of any building, the tenant may likewise deposit the rent stating the circumstances under which such deposit is made and may, until such doubt has been removed or such dispute has been settled by the decision of any competent Court or by settlement between the parties, continue to deposit the rent that may subsequently become due in respect of such building.