S.Saghir Ahmad, J. - (1.) THIS is a petition under Article 226 of the Constitution.
(2.) THE facts giving rise to this petition may first be stated in brief. Opposite party No. 3 filed a suit for recovery of arrears of rent, damages for use and occupation and ejectment of the Petitioner in respect of a portion of house No. 311/20, Abban Building, Kamla Nehru Marg, P.S. Chowk, Lucknow in the Court of Judge Small Causes, Lucknow which was registered as suit No. 1917 of 76. It was stated by Respondent No. 3 that he had purchased the house in question through a registered sale deed dated 8 -7 -74 executed by Sarva Shri Mumtaz Ali and Abdul Qadir. The suit was based on the ground of default, as the Petitioner had not paid the arrears of rent which were demanded from him by notice dated 17 -2 -75. The suit was contested by the Petitioner in which it was claimed that he had deposited the rent with effect from July. 1974 till the date of suit in the Court of Munsif North, Lucknow in Misc. case No. 154 of 1974. The deposits were made under Sub -section (2) of Section 30 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (Act No. XIII of 1972)(hereinafter referred to as the Act). The suit was dismissed by the trial court by its judgment and order dated 3 -1 -79 with the findings that the Petitioner had not committed any default, as the rent which had been deposited in the court shall be treated to have been paid to the landlord. This judgment was challenged by opposite party No. 3 in a revision filed under Section 25 of the Provincial Small Cause Courts Act which was allowed by judgment and order dated 18 -4 -81 and the suit was remanded to the trial court for a fresh decision on the limited question as to whether the Petitioner had committed default in payment of rent with reference to the validity of the deposits made under Section 30(2) of the Act. After the remand the trial court by its judgment and decree dated 4 -1 -81 decreed the suit. The decree has been upheld by the II Addl. District Judge, Lucknow by his judgment and order dated 20 -8 -82 in Civil Revision No. 490 of 1981 filed by the Petitioner under Section 25 of the Provincial Small Cause Courts Act. It is in these circumstances that the present writ petition has been filed.
(3.) LEARNED Counsel for the Petitioner has, in the first instance, contended that the courts below should have investigated the question of title of opposite party No. 3, particularly as this question was raised by the Petitioner, who had deposited the rent in the court of Munsif North, Lucknow under Section 30(2) of the Act, on the ground that he entertained a bonafide doubt in his mind as to the person who was entitled to receive the rent.;