MEHBOOB FATIMA Vs. SECOND ADDL DISTT JUDGE ALLAHABAD

JUDGEMENT

(1.) This Writ Petition is directed against the judgment and decree dated 28.8.1984 whereby the suit filed by the plaintiff-respondents was decreed and the judgment of the revisional authority dated 8.9.1989 dismissing the Revision against the aforesaid order.

(2.) The plaintiff-respondents filed suit No. 434 of 1983 in the court of Judge Small Causes, Allahabad for arrears of rent, ejectment and damages on the allegations that the defendant- petitioners were tenants of the premises in dispute at Rs. 32.50 per month. The defendant-petitioners were in arrears of rent from 1.2.1981 to 10.2.1983 whereby a notice of demand and determining the tenancy was sent on 10.2.1983 which was served on the defendants on 15.2.1983. The defendant- petitioners neither paid the arrears of rent nor vacated the accommodation in question. The petitioners filed written-statement. They alleged that they had deposited the amount in a proceeding under Section 30 of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) and were not defaulters. The landlords had refused to accept the rent. It was further stated that the notice dated 10.2.1963 was invalidand further the amount has been deposited under section 20(2)(a) of the Act and the petitioners were not liable for ejectment.

(3.) The trial Court framed various issues and recorded a finding that the deposit made by the petitioners under Section 30(1) of the Act was invalid as the petitioners failed to prove that the landlords ever refused to accept the rent. It was further found that the notice was valid. The trial court decreed the suit. This judgment was affirmed in Revision.