S.U.Khan, J. - (1.) This is tenant's writ petition.
(2.) Landlord respondent No. 3 filed suit for ejectment against the tenant, which was registered as SCC Suit No. 325/75 before JSCC, Konch, District Jalaun. The suit was decreed for recovery of rent but was dismissed for ejectment through judgment and decree dated 2.11.1976. The trial Court under issue No. 4 held that the tenant had deposited some rent in an other suit and some rent on the first date of hearing in the suit itself. However, under issues No. 1 and 2 the trial Court held that the rent of Rs. 650/- had been deposited by the tenant in the earlier suit (interpleader suit) and that he paid some rent to the Nagar Palika hence he could not be said to be defaulter.
(3.) The landlord filed revision against the same, which was allowed. Against which tenant filed second revision in this Court numbered as 2510 of 1977. The said Revision was allowed and the matter was remanded to the Revisional Court through judgment and order dated 2.8.1979. After remanding the case by High Court, SCC Revision No. 37/76 was decided by IVth Additional District Judge, Oral by order dated 14.10.1981. Revisional Court allowed the Revision and decreed the suit for eviction also. Revisional Court held that deposit made by the tenant in O.S. No. 102/1975 (interpleader suit) between the parties could not be taken to be as deposit under Section 30 of U.P. Act No. 13 of 1972 or payment to the landlord. In any case and the said suit was dismissed by the Court as barred by Rule 5 Order XXXV CPC.;