Rakesh Tiwari, J. - (1.) HEARD Sri B.D. Mandhyan Senior Counsel assisted by Sri S.C. Madhyan, Counsel for the petitioners and S/Sri M.K. Gupta and Himanshu Tiwari, Counsel for the respondents. This writ petition is directed against the judgment dated 12.10.2006 passed by Special Judge (E.C. Act), Ghaziabad in S.C.C. Revision No. 169 of 2004 and the judgment dated 30.9.2004 passed by Judge, Small Causes Court, Ghaziabad in S.C.C. Suit No. 13 of 2002.
(2.) VIDE order dated 30.9.2004, the Trial Court decreed the suit of the landlord holding that the petitioner was not entitled to get the benefit of deposit under section 30(1) of the U.P. Urban buildings (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') and as the amount deposited on the first date of hearing was less than the actual outstanding amount of rent, he was not entitled to get the benefit of section 20(4) of the Act as well. The Trial Court accepted the prayer of the landlord -respondent for granting mesne profit from the date of institution of suit at the rate of Rs. 1000/ - per month. Late Sri Babu Ram was tenant of one Sri Harish Chandra Garg in the shop on a monthly rent of Rs. 10/ -.
(3.) THE dispute relates to shop No. 302, Bajariya Rahmat Ali, Railway Road, Ghaziabad under the tenancy of the petitioners, S.C.C. Suit No. 13 of 2002 was instituted by the landlord -respondent No. 1 for recovery of arrears of rent and for ejectment. It was alleged in the suit that the petitioner defaulted in payment of rent since 1.9.1984 to 31.5.2001 amounting to Rs. 2010/ - which was not paid despite demand by the landlord. Accordingly, notice dated 6.6.2001 was served on the petitioner demanding a sum of Rs. 2010/ - together with Rs. 600/ - as cost of notice.;