S.U.Khan, J. - (1.) Heard learned Counsel for the petitioners. Respondents landlord filed suit for eviction against the tenants i.e., petitioners and others for eviction from the tenanted accommodation which consists of four shops three quarters and is situate in Moradabad city. Rent is only Rs. 40/- per month. It was taken on rent by Late Bhukan Saran as Karta of joint family consisting of himself, Mahesh-defendant No. 1 in the suit (not impleaded in the writ petition) and Kartar. Petitioners are wife, son and daughters of Late Kartar Singh. They were defendants 4, 5, 7, 8, and 9 in the suit. Plaintiff's a Girl School. It was also alleged in the plaint that tenants had illegally sub-let different portions of the tenanted property. Defendant Nos. 10 and 11 Mohd. Sultan and Mohd. Ashraf were the alleged sub-tenants. It was alleged that since 8.8.1867 when property was given on rent, no rent had been paid. It was also alleged that tenants had made structural changes and material alternations in the property in dispute. Suit was registered as SCC Suit No. 2 of 1988 on the file of Judge, Small Cause Courts, Moradabad. Suit was decreed ex-parte on 19.2.2005. Thereafter restoration application was filed by the petitioners on 7.3.2005. Alongwith restoration application personal bond was filed as security in compliance of provisions of Section 17 Provincial Small Cause Courts Act (PSCC Act in short). After more than 2 years and several missed opportunities to deposit decreetal amount, on 13.4.2007 another application was filed by the petitioners that they might be permitted to deposit decreetal amount in compliance of Section 17 of PSCC Act. Fresh tender was also annexed alongwith said application and it was prayed that it might be passed by the Court. According to the petitioners total decreetal amount due till then was Rs. 12,000/-. JSCC, Moradabad through order dated 5.5.2007 refused to permit the petitioner to deposit the decreetal amount and rejected the restoration application for non-compliance of Section 17 of PSCC Act on 5.5.2007. Against the order dated 5.5.2007 SCC Revision No. 23 of 2007 was filed which was dismissed by Additional District Judge, Court No. 9, Moradabad on 2.2.2008 hence this writ petition.
(2.) It is mentioned in the impugned judgments that the tender submitted by the petitioners on 9.2.2007 was passed on the same date by the Court still the amount was not deposited. Thereafter another application was given which was numbered as 58-ga for grant of further time to make the deposit. That application was filed on 13.4.2007 which was rejected by the impugned order. It is also mentioned in the impugned order that in 2005 itself petitioners were directed to deposit the decreetal amount against which order revision No. 31 of 2005 was filed. Inspite of order of Revisional Court the decreetal amount was not deposited. Restoration application was once dismissed in default thereafter it was restored. Several dates were fixed before the trial Court but decreetal amount was not deposited. Application for permission to make deposit was again filed on 19.1.2007 which has granted and petitioners were permitted to deposit the decreetal amount still decreetal amount was not deposited.
(3.) I do not find least error in the impugned orders. Repeated opportunities were granted to the petitioners to deposit the decreetal amount but the amount was not deposited. Moreover in view of Supreme Court authority reported in Kedarnath v. Mohan Lal Kesarwani, AIR 2002 SC 582 : 2002 SCFBRC 77 : 2002 (1) ARC 186 , provisions of Section 17, PSCC Act are mandatory and decreetal amount or security with prior permission of the Court is to be deposited alongwith restoration application. The tenanted property is quite huge consisting of three quarters and four shops some of which are alleged to have been sub-let. Rent of Rs. 40/- per month for such a huge property is extremely meagre. Even this meagre rent was not paid by the tenant. Repeated opportunities were granted for depositing the decreetal amount of Rs. 12,000/- but the amount was not deposited.;