SHAMSHAD HUSSAIN Vs. DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) HEARD Sri M.A. Khan, Counsel for petitioner and Sri R.K. Mishra, Counsel for caveator -landlord/respondent No. 3. S.C.C. Suit No. 9 of 2004 on the ground of arrears of rent and ejectment was instituted after giving a notice dated 18.5.2004 under section 106 Transfer of Property Act. Rate of rent demanded by landlord was Rs. 1,000/ - per month, which was not paid w.e.f. 1.2.2003. Petitioner filed his written statement and also made deposit claiming benefit of section 20(4) of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act).

(2.) SUBMISSION is that petitioner has deposited entire amount and since rent was charged at exorbitant rate, therefore it was adjusted in the entire amount and conclusion of the Courts below that 9% interest was not deposited, is not correct. Besides, it is also submitted that during pendency of revision, landlord sold the house in dispute on 30.12.2008, therefore, suit of landlord should have been dismissed. So far question of calculation of the Courts below is concerned, I am in agreement that since specific finding has been recorded that 9% interest has not been deposited and, therefore, requirement of section 20(4) of the Act is not satisfied, hence tenant cannot be granted benefit of the said clause. I am not inclined to interfere in exercise of jurisdiction under Article 226 of the Constitution of India. The writ petition lacks merit and is, accordingly, dismissed. In the end, Petitioners' Counsel made a request for some time to vacate premises in question. This request is allowed subject to filing an undertaking within three weeks from today before the Trial Court stating unequivocally that vacant possession of premises in question shall be handed over to landlord/respondent on or before 12.2.2010. The date for handing over possession shall be given in the undertaking in form of an affidavit as 12.2.2010. The tenant shall deposit entire decretal amount along with interest and he shall also continue to pay damages at the prevalent rate. If tenant/petitioner fail to file an undertaking within a period of three weeks from today before the Trial Court and pay the damages at prevalent rate from month to month by 10th of each month, this liberty shall automatically come to and end. Landlord will be at liberty to get accommodation vacated forthwith.