- (1.) A. K. Yog, J. Heard Sri Rajesh Tandon, learned Senior Advocate, assisted by Ms. Rama Goel Advocate on behalf of the petitioners and Sri M. S. Haq, Advocate on behalf of contesting plaintiff-respondents Noor Ahmad who has appeared as Caveator- appellant. Learned Counsel for the parties agreed that there is no necessity to send notice to the defendant respondent Nos. 3, 4 and 5 as their interest is fully represented and protected by the petitioners and further writ petition may be finally decided at the admission stage itself.
(2.) IN view of the above, the writ petition is being finally heard and decided. Without going into the details of the case, it will suffice to mention that present petition arises out of the proceedings initiated by Noor Ahmad (plaintiff defendant/respondent No. 1) by filing J. S. C. C. Suit No. 59 of 1990 (Noor Ahmadv. Smt. Mahmooda Bibi and others ). A photocopy of the first page of the plaint has been filed as Annexure-4 to the petition (p. 43 of writ paper book ). This document clearly indicates that plaintiff himself, amended array of the parties with respect to defendants and under Court order dated 3-11-1998 bring on the record, for the first time, names of Mohd. Fareed and Mohd. Arif (minor sons of Mohd. Shareef ). It will be noted that Mohd. Shareef having died, the above minor defendants, brought on record by way of amendment on the basis of Court order dated 3- 11-1998, were represented through their guardian (mother) Smt. Mahmooda Bibi, who happened to be defendant No. 1. Defendant Nos. 1 and 2 Mahmooda Bibi and Mohd. Hamid had filed joint written statements dated March 11,1995/annexure-5 to the petition. In paras 31 and 32 objection was taken that necessary parties, regarding suit not being maintainable, because of the plaint not being filed in accordance with law. It appears that plaintiff got alarmed and consequently amended the plaint by bringing on record the minor sons of Smt. Mahmooda Bibi in their correct names. In the instant case, there is no dispute between the parties regarding relationship of lessor and lessee. There is also no dispute that certain amount was deposited on 19th August, 1999 on the basis of tender receipt dated 18th August, 1999, paper No. 83 Ga (p. 80 of the writ paper book)/annexure-8 to the petition for claiming benefit under Section 20 (4) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P. Act No. XIII of 1972 (for short called 'the Act') which contemplates exemption from eviction in the accommodation in case deposits stipulated therein are made.
(3.) IT has also come on record that Smt. Mahmooda Bibi had failed to make deposit under Section 20 (4) of the Act in spite of the Court order dated 3-1-1992 which permitted deposits to be made by Smt. Mahmooda Bibi/defendant No. 1 at her own risk. Point No. 6 (dealt by the trial Court in its judgment and order dated 13th August, 2001/annexure-11 to the petition) deals with defendants claim of exemption from eviction on the ground of deposits being made under Section 20 (4) of the Act.;