K. N. Singh, J. - (1.) This appeal by special leave is directed against the Judgment and Order of the High Court of Allahabad (Lucknow Bench) dt. 16-7-85 dismissing the appellant's petition filed under Art. 226 of the Constitution challenging orders for his eviction from the premises in dispute.
(2.) Briefly the facts giving rise to this appeal are that the appellant was a tenant on a monthly rent of Rs. 100/- of house No. 293/246 situate in old Haider Ganj of Which N. N. Meithy was the owner and landlord. On Meithy's death his heirs respondents Nos. 3 to 12 became the owners of the house. It appears that the appellant tendered rent to Prabhat Kumar respondent No. 3 but he did not accept the same. The appellant made application before the Munsif under S. 30(1) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). The Munsif permitted the appellant to deposit rent and since then the appellant has been depositing rent in the Munsif s court. The respondent-landlords served a notice dt. 4-8-82 on the appellant on 9-8-82 through their counsel calling upon him to vacate the premises and hand over possession to them and to pay the arrears with effect from 18-10-1979 to 17-9-1982. The appellant through his Advocate gave a reply to the notice on 6-9-82 stating therein that he was ready and willing to pay the rent, and if Prabhat Kumar Meithy, respondent No. 3 was willing to accept the rent he may inform the appellant within reasonable time so that he may pay the same to him otherwise he would deposit the rent in the Miscellaneous case No. 57/78 in the Munsif s court. The respondent-landlords did not give any reply to the appellant instead they filed suit for eviction. Meanwhile the appellant deposited the entire amount of arrears in Munsif 's court on 6-12-1982. The appellant contested the eviction proceedings before the Judge, Small Cause Court on the ground that he was always ready and willing to pay rent and on landlords, refusal he had deposited rent in the court under S. 30(1) of the Act therefore he was not liable to ejectment. The Judge, Small Cause Court, decreed the suit on the findings that the appellant had committed default for a period of four months from the date of suit. The appellant preferred revision before the District Judge which was dismissed on 22-2-85. Thereafter the appellant approached the High Court under Art. 226 of the Constitution seeking relief for quashing the order of the Trial Court as well as Revisional Court. A learned single Judge of the High Court by his order dt. 16-7-1985 dismissed the petition on the finding that the appellant had failed to tender the arrears of rent to the landlord within one month from the date of service of notice on him therefore he was liable to ejectment and the findings recorded by the subordinate court did not suffer from any legal infirmity.
(3.) Learned counsel for the appellant urged that the High Court and the courts below failed to appreciate that the appellant had all along been ready and willing to pay the rent to the landlords and in his reply to the notice dt. 6-9-82 he had offered to pay the rent on hearing from Prabhat Kumar Meithy, respondent No. 3. But since the appellant did not receive any reply he deposited the rent in Munsif's court in proceedings taken under S. 30 of the Act, therefore, he was not liable to ejectment. On behalf of the respondentlandlords it was urged that all the three courts have recorded findings holding the appellant in arrears of rent for a period of more than four months on the date the suit was instituted, therefore, the impugned orders do not suffer from any illegality warranting interference by this court. Having given our anxious consideration to the submission made by the counsel for the parties and having perused the material on record, and after considering the relevant provisions of the Act we are of the opinion that the High Court as well as the courts below have taken a too technical view in holding the appellant guilty of wilful default in payment of rent.;