Sibghat Ullah Khan, J. - (1.) LIST is revised. No one is present for the respondent. Heard learned Counsel for the petitioner.
(2.) THIS is landlord's writ petition arising out of suit for eviction filed by him against tenant respondent No. 2 being SCC Suit No. 14 of 1995. JSCC, Ghaziabad decreed the suit for eviction, recovery of arrears of rent and damages for use and occupation. The tenant started depositing rent under section 30 of U.P. Act No. 13 of 1972 with effect from 1.7.1993 and continued to deposit the rent under section 30 till 30.6.1995. Defendant admitted that meanwhile he received two registered notices from the landlord dated 27/30 January, 1994 demanding the rent. Inspite of the said notices defendant continued to deposit the rent under section 30 of the Act. The defendant did not deposit any rent in the suit. The suit was ultimately decreed on 30.1.1996 by JSCC. Tenant respondent No. 2 filed a revision against the judgment and decree passed by the Trial Court under section 25 PSCC Act being SCC Revision No. 60 of 1996. Vth Additional District Judge, Ghaziabad through judgment and decree dated 19.3.1997, allowed the revision, set -aside the judgment and decree passed by the Trial Court and dismissed the suit. The Revisional Court, placing reliance upon (Gyanendra Lal and another v. Vishnu Narain Misra, 1986 All CJ 782 held that even after filing of the suit for ejectment tenant had two options, one, deposit of rent under section 30 of the Act and second, deposit of rent in Court where suit for ejectment was filed. This writ petition is directed against the aforesaid judgment and order of Revisional Court.
(3.) IT has been held in Full Bench Authority of this Court reported in, 2000 (1) A.R.C. 653 that deposit of rent under section 30 of the Act, after receiving notice of demand, is not permissible and any such deposit if made will not be of any benefit of the tenant. The tenant will have to be treated defaulter in payment of rent for the period subsequent to the receipt of notice given by landlord intimating his intention to receive the rent directly.;