A.N. Dikshita, J. - (1.) BY the instant petition the Petitioner has prayed for quashing the judgment and order dated 11 -7 -1980 (Annexure 3 to the writ petition) and the order dated 20 -11 -1978 (Annexure 1 to the writ petition) passed by Respondents Nos. 1 and 2 respectively.
(2.) THE Petitioner filed a suit in the court of Judge Small Causes, Azanrarh, Respondent No. 2, against Respondent No. 3 for ejectment and recovery of arrears of rent and damages for use and occupation of the accommodation. The suit was filed by the Petitioner on the allegations that Respondent No. 3 was the tenant of the accommodation on a monthly rent of Rs. 50/ - besides water and electricity charges. The Respondent No. 3 despite notice dated 11 -11 -1975 did not pay the rent with effect from 1 -6 -1975 to 28 -12 -1975 and was thus liable to ejectment under Section 20(2)(a) of the U.P. Act No. XIII of 1972 (hereinafter referred to as the Act). The suit was contested by Respondent No. 3 asserting that on the failure of the Petitioner to accept the rent, money orders were sent to the Petitioner which he refused to accept and the Respondent No. 3 compellingly deposited an amount of Rs. 450/ - being rent with effect from 1 -6 -1975 to 28 -12 -1975 in the court of Munsif City, Azamgarh, under Section 30(1) of the Act on two different dates (i.e. Rs. 350/ - was deposited on 5 -2 -1976 and Rs. 100/ - was deposited on 3 -3 -1976 in the said court). Respondent No. 3 had also deposited a sum of Rs. 445/ - in the court of Respondent No. 2 on the first date of hearing, i.e. 5 -3 -1976. The Respondent No. 3 claimed that in view of the deposit having been made within the postulates of Section 20(4) of the said Act, he was thus absolved of his liability to ejectment.
(3.) THE Respondent No. 2 dismissed the suit vide judgment and order dated 20 -11 -1978 so far as the relief of the ejectment of Respondent No. 1 was concerned. The reliefs in respect of arrears and future rent which included water charges besides the electricity charges were decreed. The Petitioner was also permitted to withdraw the amount deposited in the court of Respondent No. 2 as well the amount deposited under Section 30(1) of the Act.;