- (1.) This writ petition is directed against the order dated 22.2.1991 passed by the Judge, Small Causes Court decreeing the suit for recovery of arrears of rent, ejectment and damages against the petitioners and the judgment dated 3.2.1996 passed by respondent No. 1 dismissing revision against the aforesaid order.
(2.) Respondent No. 1 filed suit No. 312 of 1978 in the Court of Judge, Small Causes Court against petitioner Nos. 1 and 2 one Lallan Prasad, husband of petitioner No. 3 for recovery of arrears of rent, ejectment and damages. It was stated by him that Chhedi Lal was the owner of the property in question. He executed a sale deed in favour of Bhagwan Das on 3rd September, 1970. Bhagwan Das entered into agreement to sell to the plaintiff-respondent No. 3 on 13.11.1973 but before he could execute the sale deed he died. On 4.1.1978 the widow of Bhagwan Das, Smt. Lilawati, and other heirs of Bhagwan Das executed sale deed in favour of plaintiff-respondent No. 3. Petitioners were tenants of Bhagwan Das at the rate of Rs. 10 per month. They had not paid rent to the previous landlord for the period since 1974. The plaintiff further paid the amount as rent for the said period on 4th January, 1978 and thereby he became entitled to realise the amount as rent for the period 1st February, 1974 to 3rd January, 1978 from the petitioners.
(3.) Respondent No. 3 sent a registered notice on 29th March, 1978 demanding arrears of rent for the period since 1st February, 1974 which was received by the petitioners on 5th April, 1978. On 29th April, 1978 the petitioners sent a reply stating that the property belongs to Sant Das and State of U.P. and they had deposited the amount of rent for the period 1974 to 1978 under Section 30(2) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). It was alleged that the petitioners did not pay the rent within a period of one month from the date of service of notice and thereby the petitioners committed default in payment of arrears of rent.;