GULAB DEVI Vs. IIND A D J ALLAHABAD

JUDGEMENT

(1.) THIS is landlady's writ petition. Original landlady petitioner Smt. Gulab Devi filed S.C.C. Suit No. 900 of 1976, against tenant respondent No. 2, Smt. Bachchan Devi. Eviction of tenant respondent No. 2 and recovery of arrears of rent was prayed for in the plaint of the suit. J.S.C.C., Allahabad decreed the suit through judgment and decree dated 7.12.1982. Eviction was sought on the ground of default, material alteration and inconsistent user. The issues of material alteration and inconsistent user were decided against the landlord. Suit was decreed on the ground of default alone. Tenant had deposited the rent under Section 7 (c) of the old Rent Control Act (U. P. Act No. 3 of 1947). The trial court held that the deposit was not valid. Against the judgment and decree passed by the trial court, tenant respondent No. 2 filed Civil Revision No. 817 of 1982. II A.D.J., Allahabad allowed the revision through judgment and order dated 10.9.1984, set aside the judgment and decree passed by the trial court and dismissed the suit for eviction. However, landlady was directed to withdraw the amount deposited by the tenant either in the suit or under Section 7 (c) of the old Rent Control Act. THIS writ petition is directed against the said order of the revisional court. Revisional court held that the deposit of rent by the tenant under Section 7 (c) of the old Rent Control Act was valid.

(2.) THE plaintiff had claimed that rent had not been paid since 23.4.1968. Plaintiff had purchased the property from its previous owner landlord on 23.4.1968. Respondent No. 2 was continuing as tenant since before the said date. Rate of rent is Rs. 5 per month. However, in the suit, rent was claimed from 1.12.1971 as earlier rent has become barred by time. First notice was sent by the landlady on 13.12.1975 demanding rent from 23.4.1968. Notice was not served, hence the same was again sent on 12.1.1976 and was served on 17.1.1976 hereinafter referred to as 'first notice. In reply to the said notice, tenant intimated to the landlady that rent since April, 1968 till April, 1976 had been deposited in the case under Section 7 (c) of the old Rent Control Act (Case No. 340 of 1971).

(3.) REVISIONAL court in para 9 of its judgment has mentioned that in the second notice dated 28.9.1976, it was mentioned that in reply to the first notice dated 12.1.1976 served on 8.1.1976, tenant had intimated that rent had been deposited by him under Section 7 (c) of the old Rent Control Act till 30.4.1976, however plaintiff could not trace out the same from the file. In the last paragraph of the second notice of September, 1976, which has been quoted by the revisional court, it was stated that tenant was again requested to pay all rent due within a month failing which tenancy would stand terminated after expiry of 30 days from the receipt of the notice.