S.U. Khan, J. - (1.) Heard Shri K.G. Srivastava, learned Counsel for tenant petitioner and Sri B.K. Narayan, learned Counsel tor landlord-respondent No. 2.
(2.) This is tenant's writ petition arising out of suit for eviction and recovery of rent filed by landlady-respondent No. 2 Smt. Mushtari Begum in the form of SCC suit No. 49 of 1982 Admitted rate of rent is Rs. 40/- per month. Default in payment of rent with effect from 1.4.1982 was also admitted by the tenant-petitioner. Suit was field on 7.10.1982 hence at the time of filing of the suit default was of six months. Landlady had also pleaded that at the time of filing of the suit U.P. Act No. 13 of 1972 was not applicable. However, that question was decided against the landlady and in favour of the tenant by both the Courts below hence the said question no more survives.
(3.) On the first date of hearing tenant deposited Rs. 470/-. Trial Court held that the said amount was more than the required amount under Section 20 (4) of the Act as tenant was required to deposit only Rs. 455.70. Trial Court therefore, giving benefit of Section 20 (4) of the Act dismissed the suit for eviction and permitted the landlady to withdraw the amount deposited under Section 20 (4) of the Act. Suit was decided on 19.9.1983 by JSCC/1st Munsif, Bijnor. Against the said judgment and decree landlady-respondent No. 2 filed Civil revision No. 144 of 1983. Revisional Court held that tenant was required to deposit Rs. 490/- on the first date of hearing hence amount of Rs. 470/-deposited by him was short by Rs. 20/-. Revisional Court further held that tenant had also not deposited the amount of Rs. 9/- towards water tax.;