KUSMA DEVI Vs. RISHI KUMAR

JUDGEMENT

(1.) AT the time of hearing, no one appeared on behalf of respondent even though the case was taken up in the revised list. Accordingly, only the arguments of the learned Counsel for the petitioner were heard.

(2.) THIS is landlady's writ petition. Landlady filed S. C. C. Suit No. 56 of 1991 against tenant respondent for eviction on the ground of default and for recovery of arrears of rent. Suit was decreed by J. S. C. C. , Aligarh on 22. 1. 2007. Against the said judgment and decree tenant respondent filed S. C. C. Revision no. 79 of 2000. A. D. J. , Court No. 3, Aligarh allowed the revision through judgment and order dated 9. 5. 2003, set aside the judgment and decree passed by the trial Court dismissed the suit for eviction. However landlord was permitted to withdraw the amount deposited by the tenant.

(3.) THE Trial Court held that deposit of rent made by the tenant under section 30 of u. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was not valid. However Lower Revisional Court held otherwise and decided that the said deposit was valid. For taking benefit of section 20 (4) of the act, ter. ant has to deposit the requisite amount after adjusting the amount deposited by him under section 30 of the Act. Accordingly, if it is held that deposit under section 30 of the Act was valid, then tenant would be entitled to the protection of section 20 (4) of the Act otherwise not. Tenant had deposited Rs. 2880/-under section 30 of the Act and Rs. 7253. 65/- under section 20 (4) of the act. Trial Court had held that tenant was required to deposit Rs. 8085/- in order to avail benefit to section 20 (4) of the Act, which reads as under : "20. Bar of suit for eviction of tenant except on specified grounds. (1 ). . . . . . . . . . . . . . . . . . . . . (2 ). . . . . . . . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . . . . . . . (4) In any suit for eviction on the ground mentioned in Clause (a) of sub-section (2), if at the first hearing of the suit the tenant unconditionally pays or tenders to the landlord or deposits in Court the entire amount of rent and damages for use and occupation of the building due from him (such damages for use and occupation being calculated at the same rate as rent)together with interest thereon at the rate of nine per cent per annum and the landlord's costs of the suit in respect thereof, after deducting therefrom any amount already deposited by the tenant under sub-section (1) of section 30, the Court may, in lieu of passing a decree for eviction on that ground, pass an order relieving the tenant against his liability for eviction on that ground : provided that nothing in this sub-section shall apply in relation to a tenant who or any member of whose family has built or has otherwise acquired in a vacant state, or has got vacated after acquisition, any residential building in the same city, municipality, notified area or town area. Explanation.-For the purposes of this sub-section- (a) the expression 'first hearing' means the first date for any step or proceeding mentioned in the summons served on the defendant; (b) the expression 'cost of the suit' includes one-half of the amount of counsel's fee taxable for a contested suit. "