MURLI DHAR Vs. SMT. RAM PIARI NIGAM

JUDGEMENT

(1.) In this revision application filed by the defendant a short and interesting question of law arises and it is whether in a suit for eviction of a tenant from a building to which Act No. III of 1947 did not apply and which suit was pending on the date of commencement of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as the Act No. XIII of 1972, deposits made under Sec. 7-C of Act No. III of 1947 would be available for getting the benefit provided in section 39 of Act No. XI11 of 1972. The suit of the plaintiff, opposite party had been filed on 11.1.1972 for ejectment of the defendant applicant and for recovery of arrears of rent and damages for use and occupation. There is no dispute that Act No. III of 1947 was not applicable to the disputed building. During the pendency of the suit the defendant-applicant made some deposits under Sec. 7-C of Act No. III of 1947 and later on deposited the entire amount of rent and damages for use and occupation together with interest thereon and the full cost of the suit as required by Sec. 39 of Act No. XIII of 1972. In doing so, the defendant-applicant took credit for the amounts which he had deposited under Sec. 7-C of the Act No. III of 1947.

(2.) The learned trial court was of the opinion that the deposits made under Sec. 7-C of Act No. 1II of 1947 could not be taken into consideration, the reason being that Act No. 1II of 1947 was not applicable, to the building in dispute. The suit, therefore, was decreed for the ejectment of the defendant- applicant and also for some arrears of rent and damages. Being aggrieved the defendant-applicant filed a revision application before the District Judge, Kanpur.

(3.) The learned District Judge disposed of the revision application by order dated 2.8.1975. He agreed with the findings which had been given by the learned trial court and confirmed the judgment and decree passed by it. Being aggrieved the defendant. applicant has tiled this revision petition.