- (1.) S. U. Khan, J. Both these cases have been filed by the landlady. Writ petition is directed against order dated 20-9-1982 passed by Munsif, Mirzapur in Misc. Case No. 17 of 1981 under Section 30 (2) of U. P. Act No. 13 of 1972 permitting the tenant, Hindustan Alluminium Corporation Limited (HACL) to deposit rent until decision regarding entitlement of the person to receive the rent as landlord. Revision is directed against judgment and decree dated 14-5-1984 passed by J. S. C. C. /vth Additional District Judge, Mirzapur dismissing the suit for eviction on the ground of default filed by landlady Tribeni Bai against tenant HACL being SCC Suit No. 2 of 1983.
(2.) THERE is no dispute that in case rent deposited by the tenant under Section 30 (2) of the Act is taken to be validly deposited then tenant would not be liable to eviction on the ground of default. Smt. Tribeni Bai let out the accommodation in dispute to HACL through lease deed dated 1-1-1960 at the rate of Rs. 250/- per month, which was enhanced to Rs. 375/- per month through another deed- dated 16-3-1968. Accommodation in dispute is in the form of a bungalow constructed in a part of agricultural land. Initially the accommodation in dispute as well as some other agricultural property belonged to Sri Mithu Lal Singhania (M. L. Singhania) husband of Tribeni Bai. Sri M. L. Singhania executed usufructuary mortgage deed (mortgage with possession) in favour of Mani Bai his mother-in-law i. e. mother of Smt. Tribeni Bai on 30-4-1943. Smt. Mani Bai transferred her mortgagee right to her daughter i. e. Tribeni Bai through registered deed dated 29-4- 1946.
(3.) SRI M. L. Singhania filed suit before Sub-Divisional Officer (S. D. O.) under Section 202 U. P. Z. A. L. R. Act in the form of case No. 1 of 1972 for redemption of mortgage. In the said suit he also deposited the mortgage money. Unfortunately the said suit has not been decided for 34 years and is still pending. Respondents No. 3 to 10 in the writ petition Hira Lal Singhania (H. L. Singhania) and others claim themselves to be the sons of M. L. Singhania from another wife, other than Smt. Tribeni Bai. They also claim that Sri M. L. Singhania executed a will in their favour on 3-11-1977 (Sri M. L. Singhania died on 31- 12-1977) Smt. Tribeni Bai denied both the facts. She asserted that respondents 3 to 10 in the writ petition were not sons to late M. L. Singhania from legally wedded wife. She also denied execution of any will by late M. L. Singhania in favour of respondents 3 to 10 in the writ petition. However, respondents 3 to 10 in the writ petition have been substituted at the place of M. L. Singhania in the revenue suit (case No. 1 of 1972) pending before SDO.;