RAMA DEVI SRIVASTAVA Vs. SAT DEVI

JUDGEMENT

(1.) This is tenants petition questioning the validity of the order dated 2.8.2007 passed by the Judge Small Causes Court, Kanpur Nagar in Case No. 30 of 2000 as well as order of its affirmance in J.S.C.C. Revision No. 31 of 2008 decided on 10.9.2008.

(2.) Brief background of the case is that petitioners are tenant of House No. 7, Old No. 66-A, Kagi Khera, Lalbangla, Kanpur. Since 1.9.1994 to 1.6.2002 rent was not being paid, as such registered notice was sent on 9.12.1999 which was duly received on 17.12.1999. Said notice had been improperly replied, as such suit was filed for arrears of rent and ejectment. To the said suit, written statement was filed and claim was made by tenant-petitioners, mentioning therein that in proceeding under Section 30 of the Act rent had been deposited, as landlord-respondents had refused to accept the rent. It was also sought to be mentioned in paragraph that rent has been paid under Section 20(4) of U.P. Act No. 13 of 1972 and deposits were also being made under Order 15 Rule 5 C.P.C. After filing of the written statement, tenant-petitioners, at no point of time, have participated in the proceedings in the court concerned and court concerned having left with no option, proceeded ex parte wherein evidence from the side of landlord-respondents was led and then suit was decreed on 2.8.2997. Against the said order J.S.C.C. Revision was filed and said revision has also been dismissed. At this juncture present writ petition has been filed.

(3.) Sri Narendra Mohan, Advocate, learned Counsel for petitioners contended with vehemence that in the present case entire rent had been paid as such petitioners are entitled to be exempted from the decree of the eviction and both the courts below have clearly erred in law in passing the decree of eviction, as such writ petition in question in the facts of case as set out deserves to be allowed.