S.U, Khan, J. - (1.) This is tenant's writ petition. Landlord respondent No. 3 filed a suit against petitioner for eviction from the tenanted accommodation in dispute on the ground of default in payment of rent. The suit was registered as suit (SCC suit) No. 194 of 1983. JSCC, Meerut on 11.1.1983 decreed the suit for eviction and recovery of arrears of rent. Tenant-petitioner filed SCC revision No. 47 of 1984 against the said judgment and decree which was dismissed on 12.8.1986 hence this writ petition.
(2.) The only question involved in this case is as to 'whether tenant is entitled to the adjustment of the rent which he deposited under Section 30 of U.P. Rent Regulation Act (U.P. Act No. 13 of 1972).
(3.) The rate of rent is Rs. 90/- per month. The petitioner started depositing the rent under Section 30 of the Act w.e.f. 1.10.1977. Rent from 1.2.1978 to 31.7.1981 was deposited inspite of notice given by landlord to the tenant dated 4.2.1978. Thereafter second notice was given by the landlord to the tenant on 4.3.1983 which was served upon the tenant on 5.3.1983. The copy of the said notice is Annexure-2 to the writ petition.b The last paragraph of the said notice states that through this notice you (i.e. the tenant) are informed (directed) that within one month from the receipt of the notice you must supply complete details of the rent deposited in Court and to pay entire balance rent.;