PYARE LAL Vs. IST ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of proceedings in Suit No. 1759 of 1975 filed by Smt. Shiv Dulari, respondent No. 2, against the petitioner, in the Court of Judge, Small Causes, Kanpur, fo rejectment of the petitioner from the disputed accommodation and for recovery of arrears of rent and damages with costs.

(2.) THE property in dispute is premises no. 106/264, Gandhi Nagar, Kanpur. THE rate of rent is Rs.19/- per month.

(3.) LEARNED counsel for the petitioner has raised two contentions before me., His first contention is that the view taken by the revisional court, that the petitioner is not entitled to the benefit of the deposit made under Section 30 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) is a view manifestly erroneous in law. His second contention is that the tenancy of the petitioner, in fact, commence from the first day of each month and, consequently, four months' rent was not actually due on the date when the notice was given and, therefore, the suit for ejectment was not maintainable, as the case did not come under section 20 (2) (a) of the Act.