SHEO NATH PRASAD GUPTA Vs. DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 30-9-1997, passed by the Judge, Small Causes Court, Respondent No. 2 permit ting Respondent No. 3 to withdraw the amount deposited by the tenant under sub-section (4) of Section 30 of U. P. Act No. 13 of 1972, and the order of the Revisional Court dated 24-12-1997 af firming said order in revision.

(2.) THE facts of the case, in brief, are that Jagannath Prasad Gupta, Respondent No. 3 filed J. S. C. Suit No 674 of 1992, for recovery of arrears of rent ejectment and damages against Radha Krishna Khanna, Respondent No. 4, on the allegations that he is owner for moiety share of premises No. 55/34, Generalganj, Pachkucha, Kan pur in which premises the defendant was tenant of accommodation consisting of three rooms, three kotharies, one kitchen, one verandah and latrine, bathroom on the first floor at monthly rent of Rs. 43. 75 per month besides taxes to the extent of his moiety share. THE plaintiff respondent had also impleaded his brother Shiv Nath Prasad Gupta as proforma defendant. THE tenant deposited rent under Section 20 (4) of U. P. Act No. 13 of 1972. THE plaintiff applied for withdrawal of the amount Rs. 26,000. THE petitioner raised objection. THE plaintiff was permitted to withdraw the entire amount as deposited by the tenant-defendant. A revision was preferred which was dismissed by the im pugned order dated 24-12-1997.

(3.) CONSIDERING the facts and cir cumstances of the case the orders passed by the Courts below permitting the plain tiff to withdraw the amount deposited by the tenant do not suffer from any illegality. However, in the interest of justice, it is directed that the plaintiff-respondent shall withdraw half of the amount deposited by the tenant without furnish ing any security and remaining half of the amount on furnishing security to the satis faction of trial Court concerned.