NARAIN DAS Vs. DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) This writ petition is directed against the Judgment dated 22.3.1983 passed by respondent No. 1 allowing the revision and decreeing the suit of the plaintiff for recovery of arrears of rent, ejectment and damages.

(2.) Briefly stated the facts are that the petitioner is a tenant of shop No. 336 situate in Barua Sagar, Jhansi. Respondent No. 2 served notice dated 17.11.1977 demanding arrears of rent from 1.1.1975 and terminating the tenancy of the petitioner. He filed Suit No. 19 of 1978 in the Court of Judge, Small Causes for arrears of rent, ejectment and damages against the petitioner with the allegations that he was the tenant of the disputed premises and when the rent was demanded by notice, he failed to comply with the same and was liable to eviction. The petitioner contested the suit and it was stated that the plaintiff alone was not sole landlord. It was let out by him and his brother Babu Lal. The notice sent by the plaintiff alone was invalid. He also claimed benefit of deposit made by him under Section 20 (4) of U. P. Act No. 13 of 1972.

(3.) The trial court framed various issues. It was held that the plaintiff was not sole landlord but his brother Babu Lal was also co-landlord. It was further held that the petitioner having deposited the entire arrears of rent, cost of suit, etc., he was entitled to the benefit of Section 20 [4) of the Act. The suit was dismissed by the trial court on 25.4.1979. The landlord-respondent filed revision against this judgment. The revisional court allowed the revision and reversed the finding of the trial court and held that the plaintiff was the sole landlord of the disputed premises. The petitioner was not entitled to the benefit of the provision of Section 20 (4) of the Act as he in his pleadings alleged that there were two co-landlords and on such plea the amount deposited by him should be treated as conditional deposit.