S.U.Khan, J. - (1.) This is tenants' writ petition arising out of suit for eviction and recovery of arrears of rent instituted by original landlord respondent No. 2 Ami Chand (since deceased and survived by legal representatives). Eviction was sought on the ground of default. Suit was registered as suit (SCC Suit.) No. 847 of 1983. Additional JSCC, Kanpur Nagar held that there was no default and tenants were entitled to the benefit of Section 20(4) of U.P. Act No. 13 of 1972. Ultimately through judgment and decree dated 29.5.1989 suit for ejectment was dismissed and suit for the withdrawal of deposited rent was decreed. Against the said judgment and decree original landlord respondent No. 2 filed SCC Revision No. 88 of 1989. IV Additional District Judge, Kanpur Nagar allowed the revision, set aside the judgment and decree passed by the trial court, refusing to decree the suit for eviction and decreed the suit for eviction also through judgment and order dated 2.8.1990 hence this writ: petition by the tenants.
(2.) Property in dispute is a shop. Admitted rate of rent is Rs. 75/- per month.
(3.) Notice of termination of tenancy and demand of rent was given on 18/20.4.1983. Copy of the said notice is annexure 1 to the writ petition. In Para 4 of the notice, it was stated that rent was due since 1,12.1982 to 15.4.1983, amounting to Rs. 337.50/. The said notice was replied by the tenants on 29.4/3.5.1983. In the said reply notice, it was stated that rent of December 1982 had been sent through money order which was refused by the landlord hence it was deposited before Musif in Case No. 4/70 of 1983 under Section 30 of U.P. Act No. 13 of 1972 and that in the said case rent till 31.3.1983 had been deposited: In Para 7 of the reply notice, it was further stated that even though no rent was due against the tenants, however by way of abundant precaution rent from 1.12.1982 till 30.4.1983 amounting to Rs. 375/- was being sent through draft, which was annexed along with the reply notice.;