RAJA RAM Vs. LEARNED DISTRICT JUDGE LAKHIMPUR KHERI

JUDGEMENT

(1.) Rejoinder affidavit filed today in Court, may be taken on record.

(2.) Heard learned counsel for the petitioner and Sri Anurag Narain, learned counsel for the respondent no.3.

(3.) Facts of the case are that the petitioner is tenant of respondent no.3. Initially, the grand-father of the petitioner was running the shop and after his death, the petitioner is holding the possession over the shop in dispute. Respondent no.3, after giving notice on 17.11.2007, filed S.C.C. Case No.4 of 2008 against the petitioner in the court of Civil Judge, Junior Division, Lakhimpur Kheri for dis-possession of the petitioner from the shop and for recovery of the due amount of rent. The petitioner filed written statement denying the allegations of the plaint. After hearing the parties, the Civil Judge, Junior Division/ Small Causes Court passed a judgment and decree on 29.8.2009, whereby finding has return that it is a religious charitable institution, therefore, as per the admission of the petitioner that he has deposited the rent under Section 30 U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 [hereinafter referred to as 'the Act'], the same cannot be accepted as the rent would have been deposited in the proceeding of the suit on the first day of hearing.