Anjani Kumar, J. - (1.) The petitioner-tenant, aggrieved by an order passed by the revisional court whereby the revision filed by the landlord under Section 25 of Provincial Small Cause Courts Act was allowed and the judgment and decree of the trial court was reversed, approach this Court by means of this writ petition under Article 226 of the Constitution of India.
(2.) The respondent-landlord filed a suit for ejectment of the petitioner-tenant with the allegations that the tenant is defaulter within the meaning of Section 20 of the U.P. Act No. 13 of 1972 (in short the 'Act') and thus he is liable to be ejected by decree of the Court. Before the trial court the petitioner-tenant has taken up the case that landlord Is in habit of harassing the petitioner-tenant as would be clear from the fact that respondent-landlord filed J.S.C.C. Suit No. 251 of 1976 for ejectment and recovery of rent which was dismissed on 9th July 1977. A revision against the aforesaid decree was also dismissed. Thereafter another suit was filed being Suit No. 5 of 1982 for ejectment which too was dismissed in the year 1983 and the revision filed against that order was dismissed on 16th March, 1985. It is further stated by the petitioner-tenant that since respondent No. 2 was not accepting rent from the petitioner, the petitioner started depositing rent under Section 30 of the Act in Misc. Case No. 195 of 1981 and when the notice for the present suit, namely, Suit No. 42 of 1987 determining the tenancy and demand for arrears of rent was received by the tenant-petitioner he approached several times to the landlord that rent may be accepted but since the rent has not been accepted the same was sent through money order and this money order was also refused by the landlord, therefore, the tenant has deposited the rent in Misc. Case No. 195 of 1981. When the petitioner-tenant received notice terminating tenancy on 11th March, 1986, the entire amount of rent was already deposited in Misc. Case No. 195 of 1981 and nothing was due. Learned counsel for the petitioner, therefore, submitted that the view taken by the trial court was fully justified and revisional court erred in law in reversing the decree passed by the trial court, as would be clear from perusal of Sections 20 (4) and 30 of the Act which are reproduced below : "20. Bar of suit for eviction of tenant except on specified grounds. (1).......................................... (2)......................................... (3)......................................... (4) In any suit for eviction on the ground mentioned in clause (a) of Sub-section (2), if at the first hearing of the suit the tenant unconditionally pays or tenders to the landlord or deposits in Court the entire amount of rent and damages for use and occupation of the building due from him such damages for use and occupation being calculated at the same rate as together with interest thereon at the rate of nine per cent per annum and the landlord's costs of the suit in respect thereof, after deducting therefrom any amount already deposited by the tenant under Sub-section (1) of Section 30, the Court may, in lieu of passing a decree for eviction on that ground, pass an order relieving the tenant against his liability for eviction on that ground : Provided that nothing in this sub-section, shall apply in relation to a tenant who or any member of whose family has built or has otherwise acquired in a vacant state, or has got vacated after acquisition, any residential building in the same city, municipality, notified area or town area. 30. Deposit of rent in Court in certain circumstances.-(1) If any person claiming to be a tenant of a building tenders any amount as rent in respect of the building to its alleged landlord and the alleged landlord refuses to accept the same then the former may deposit such amount in the prescribed manner and continue to deposit any rent which he alleges to be due for any subsequent period in respect of such building until the landlord in the meantime signifies by notice in writing to the tenant his willingness to accept it (2) Where any bona fide doubt or dispute has arisen as to the person who is entitled to receive any rent in respect of any building, the tenant may likewise deposit the rent stating the circumstances under which such deposit is made and may, until such doubt has been removed or such dispute has been settled by the decision of any competent court or by settlement between the parties, continue to deposit the rent that may subsequently become due in respect of such building. (3) The deposit referred to in Sub-section (I), or Sub-section (2) shall be made in the Court of the Munsif having jurisdiction. (4) On any deposit being made under Sub-section (1), the Court shall cause a notice of the deposit to be served on the alleged landlord, and the amount of deposit may be withdrawn by that person on application made by him to the Court in that behalf. (5) On a deposit being made under Sub-section (2), the Court shall cause notice of the deposit to be served on the person or persons concerned and hold the amount of the deposit for the benefit of the person who may be found entitled to it by any competent court or by a settlement between the parties, and the same shall be payable to such person. (6) In respect of a deposit made as aforesaid, it shall be deemed that the person depositing it has paid it on the date of such deposit to the person in whose favour it is deposited in the case referred to in Sub-section (1) or to the landlord in the case referred to in Sub-section (2)."
(3.) The revisional court while disagreeing with the view taken by the trial court has held that in the facts and circumstances of the case the deposit made by the petitioner-tenant under Section 30 in Misc. Case No. 195 of 1981 cannot be said to be a valid deposit which can give him benefit of Sub-section (4) of Section 20 of the Act. There is no dispute that the deposit made in Misc. Case No. 195 of 1981 is not a valid deposit. The tenant cannot escape the eviction and the benefit of Sub-section (4) of Section 20 cannot be given to the tenant.;