- (1.) HEARD Sri G.S. Nigam, learned counsel for tenant petitioner and Sri D.C. Mukharji, learned counsel for landlady respondent No.3, Smt. Kalawati.
(2.) THIS writ petition arises out of S.C.C. Suit No.3 of 1989, Smt. Kalawati Vs. Surendra Nath Mishra. Property in dispute is a shop, rent of which is Rs.175/ - per month. It was asserted in the plaint that U.P. Act No.13 of 1972 was not applicable to the shop in dispute. J.S.C.C., Unnao decreed the suit for eviction on 26.02.1993 holding that the Act was not applicable to the building in dispute.
(3.) IT was also alleged in the plaint that tenant was defaulter. However, tenant deposited the entire rent, interest and cost on the first date of hearing under Section 20(4) of U.P. Act No.13 of 1972. The J.S.C.C. permitted the landlady to withdraw the amount deposited by the tenant. Against the judgment and decree passed by the trial court, tenant petitioner filed S.C.C. Revision No.9 of 1993. III A.D.J. Unnao substantially dismissed the revision through judgment and order dated 05.10.1995. The only modification made in the judgment of the trial court was that the amount of Rs.1000/ - held to have been paid by the tenant to the landlady was directed to be adjusted towards arrears of rent. The only point argued and to be decided in this writ petition is regarding applicability of U.P. Act No.13 of 1972.;