- (1.) Heard learned Counsel for the parties. The respondent landlord instituted a Suit No. 6 of 1985 before the Judge Small Causes Courts for eviction on the ground of arrears of rent and material alteration in respect to a shop situated in Mahalla Kiran Bazar in Mohaba wherein the petitioner was a tenant at the rate of Rs. 37.50/- per month with the allegation that he was a defaulter from 5.12.1981 to 4.8.1985 together with water tax. It was further stated that the tenant has caused material alteration without his consent and acquired a house in Mohalla Chamenbura in the same Nagar Palika and despite notice to quit he neither paid the rent nor vacated the premises forcing him to file the suit claiming rent for the period 5.10.1982 to 4.8.1985.
(2.) After contest the suit was dismissed with the finding that the tenant was not in arrears of rent and he had not made any material alteration and since the entire amount had been deposited, he was entitled to the benefit of section 20(4) of the Act.
(3.) Aggrieved, the landlord preferred a revision which has been allowed by the impugned order holding that though the notice dated 14.8.1985 was served on the tenant on 19.8.1985, the money order was sent beyond the prescribed period of a month on 20.11.1985 and therefore, the landlord had rightly refused to accept it. It further found that under law the tenant had to deposit a sum of Rs. 1650/- though he had deposited only Rs. 1312.50/- and further had not deposited the entire amount including the barred rent from December, 1981. After recording a finding that the tenant had acquired a residential house in the same Nagar Palika, it also held that even if the entire amount had been deposited, he was not entitled to the benefit of section 20(4) of the Act.;