Vikram Nath, J. - (1.) THIS writ petition has been filed by the landlord for quashing the judgment and order dated 6.4.1999 passed by IVth Additional District Judge, Allahabad in Civil Revision No. 178 of 1994, Mohd. Bashir Uddin (deceased) through legal representative v. Mahmod Ahmad and another and in Civil Revision No. 193 of 1994, Mohd. Ahmad and another v. Mohd. Kabir Uddin and others whereby the revision filed by the petitioner was dismissed and revision filed by the tenant respondent was allowed and the suit of the landlord for recovery of arrears of rent and ejectment was dismissed. Dispute relates to the shop situate at house No. 67/166 Noorullah Road, Allahabad of which the petitioners are the landlord and owners and Mahmood Ahmad and his brother were tenant from 1.7.1968 at monthly rent at Rs. 25/ - per month. Subsequently on 1.6.1983 another adjoining shop was also let out to the tenant and the rent for both the shops was fixed to be Rs. 60 per month. Later on with effect from 1.6.1984 it is alleged that further accommodation was provided to the tenant and the rent was agreed to Rs. 260/ - per month. According to the petitioner the tenant had paid the rent at Rs. 260/ - per month up to 31.7.1984 but thereafter stopped paying the rent. The landlord after giving notices of demand and quit filed S.C.C. Suit No. 40 of 1985.
(2.) THE tenant filed written statement denying that the rent was Rs. 260/ - per month or any additional accommodation was let out in the year 1983 -1984. According to him the rent was only Rs. 60/ - per month and which he was regularly paying. However, when the landlord stopped accepting the rent he started depositing the same under section 30 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). It was alleged by the tenant that there was no default and the suit was liable to be dismissed. Both the parties led evidence. The Trial Court vide judgment dated 25.4.1994 held that the rate of rent was at Rs. 260/ - per month. Further it held that there was no default as the tenant had deposited the admitted rent at the rate of Rs. 60/ - per month under Order XV, Rule 5, C.P.C. It accordingly dismissed the suit for ejectment of tenant. Aggrieved by the same two revisions were filed under section 25 of Provincial Small Causes Court Act, 1887 (hereinafter referred to as the 1887 Act).
(3.) REVISION No. 178 of 1994 was filed by the plaintiff -petitioner and Revision No. 193/1994 was filed by the tenant respondent. The IV Additional District Judge, Allahabad vide judgment dated 6.4.1994 while dismissing the revision of the petitioner -landlord, allowed the revision of the tenant respondent and held that the rate of rent was Rs. 60/ - per month and not Rs. 260/ - per month. Aggrieved by the same, the landlord has filed the present writ petition.;