A.N.Varma, J. - (1.) This is a petition, which is directed against an order passed by the learned District Judge allowing a Revision and decreeina a suit for ejectment filed by the plaintiff-respondent who are arrayed as respondents Nos. 3 to 8.
(2.) Shortly stated, the plaint case was that the petitioner was the tenant of the accommodation in suit of which the said respondents were landlords. The petitioner fell in arrears of rent from 1-11-71 to 31-3-72. A notice for ejectment and demand was, therefore, served upon the petitioner. The petitioner neither paid the arrears of rent, nor vacated the premises. Hence the suit.
(3.) The defence was that the petitioner was not in arrears of rent. The petitioner had been remitting the rent through money orders which the landlord had been persistently refusing. Thereupon, the petitioner was constrained to make an application under Section 7-C of U. P. Act No. Ill of 1947 for the deposit of the rent due under Section 7-C. The learned Munsif having Jurisdiction passed an order on 18-3-72. in Miscellaneous Case No. 7 of 1972 allowing the petitioner to make the deposit under Section 7-C of the Act. The petitioner was, therefore, not in arrears of rent and was not liable to be evicted.;