H.N. Setb,J. - (1.) Petitioner Smt. Mridula Dayal is the landlady of House No. 34/4, Jawahar Lal Nehru Road, Allahabad. Lt. Col. S.S. Rai (Retd), Respondent No. 4, was the tenant of the said accommodation on payment of Rs. 150/ - per month as rent. Petitioner served a notice on Respondent No. 4 determining his tenancy and filed suit No. 277 of 1980 in the court of Judge Small Causes seeking his eviction on the ground that he had defaulted in payment of rent. She also claimed a decree for arrears of rent and damages for use and occupation of the premises.
(2.) Respondent No. 4 contested the suit and made an application claiming that inasmuch as he had, before the first date of hearing of the suit, deposited the entire amount of rent and damages for use and occupation of the premises together with requisite interest and cost, partly in proceedings under Sec. 30 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and partly in the court, he was, as, provided by Sec. 20(4) of the Act, entitled to be relieved of his liability for eviction on ground of committing default in payment of rent.
(3.) Petitioner objected to the claim made by Respondent No. 4 (hereinafter referred to as the Respondent) and urged that in the circumstances of the case, the deposit purported to have been made by the Respondent in proceedings Under Sec. 30 of the Act were not valid and as such they could not be taken into account in relieving him of his liability for eviction on grounds of committing default in payment of rent. She also objected that as the Respondent had failed to deposit the entire amount of interest due from him, the relief claimed by him could not be countenanced.;