Prakash Krishna, J. - (1.) HEARD Shri Pankaj holding brief of Shri M.K. Gupta, Advocate, learned Counsel for the petitioners. List revised. None is present on behalf of the respondents.
(2.) THIS is a landlord's petition arising out of the J.S.C.C. Suit No. 6 of 1983 filed against the respondent Nos. 3 to 8 praying for recovery of arrears of rent, damages and ejectment on the ground that the defendants -tenants have not paid the rent since 1.5.1982 in spite of the notice dated 20.12.1982, which was served on 27.12.1982. It was also pleaded that defendants -tenants are liable for eviction on the ground that they had sublet the disputed shop to the respondents No. 7 and 8 (Defendants 5 and 6 in the suit). The suit was decreed by the Trial Court. It was found that the defendants -tenants had defaulted in giving the rent for the period subsequent to 1.5.1982 and also on the ground that they sub -let the disputed accommodation to the defendant Nos. 5 and 6. The said judgment and decree of the Trial Court has been set aside in S.C.C. Revision No. 18 of 1985 by the Revisional Court by the judgment and decree dated 21.8.1990. Learned Counsel for the petitioners in support of the writ petition submitted that the findings recorded by the Revisional Court on the question of default in payment of rent is perverse and against the material on record.
(3.) I have carefully examined the said finding of the Revisional Court. The Revisional Court has held that before the service of notice, the defendants had sent the rent through Money Order on 15.12.1982. The said Money Order was refused by the plaintiff -landlord and the rent was deposited in the Munsiff's Court, Hapur under section 30(1) of the Act.;