AKHTAR KHAN Vs. IST ADDITIONAL DISTRICT JUDGE RAMPUR

JUDGEMENT

(1.) -Heard counsel for the parties and perused the record.

(2.) THIS writ petition arises out of S.C.C. Suit No. 22 of 1993, filed by respondent No. 3 praying for eviction of the petitioner from the shop situated opposite Hathi Khana, Rampur for recovery of arrears of rent and damages.

(3.) THE petitioner tenant denied the averments made in the plaint by filing in his written statement on the ground that no rent was due and that in fact rent for the month of July, 1993 the respondent landlord had himself refused to accept the rent which was sent by the tenant by money order. It was his case that rents for the months of July and August, 1993 were sent alongwith taxes by money order which was similarly refused by the landlord and similarly the rent was again sent for the months July, August and September, 1993 to the extent of Rs. 990 which was also refused by respondent No. 3 landlord, hence the petitioner tenant deposited the rent in the court below in Case No. 93 of 1993, in the aforesaid circumstances.