SETH KARAM CHAND KAPOOR Vs. MUSHTAQ HUSAIN

JUDGEMENT

(1.) This is an application in revision against an order of the Munsif directing the ejectment of the applicant Under Sec. 7-B (5) of the U. P. Control of Rent and Eviction Act No. III of 1947, on the ground that the amount of Rent claimed in regard to the premises or accommodation had not been deposited by the tenant in response to the notice issued to him.

(2.) The facts, which are not disputed, may be briefly stated. On 28-4-1948 a house known as the Heals Villa in Almora was allotted to the applicant on a rent of Rs. 600.00 a year. He continued to remain in possession thereof till 31-1-1955. On 1-2-1955, the previous allotment order was cancelled and a fresh allotment was made in his favour in respect of a portion of the earlier accommodation, and the rent fixed under this fresh allotment was a sum of Rs. 280.00 a year. From that date, namely, from 1-2-1955 there was, in effect, a fresh engagement in regard to this accommodation and from that date the tenant came into possession of this new accommodation under that fresh allotment. On 3-10-1955, the landlord made an application Under Sec. 7-B of the Act. In this application he contended that rent of the building from 1-4-1954 to 31-3-1955 was Rs. 600.00 , that out of it Rs. 200.00 were paid and that the balance of Rs. 400.00 were due. Notice having been issued to the tenant in accordance with the provisions of Sec. 7-B of the Act the tenant without depositing the amount contended that the rent was due and the application was not maintainable. The learned Munsif, by his order dated 2-2-1956, which is the subject of revision before us, held that as the deposit had not been made nor had security been furnished, the objection filed by the tenant was not worthy of consideration. On that basis the learned Munsif directed that the tenant be ejected from the accommodation in question.

(3.) It has been urged before us that the view taken by the Munsif was wrong.