S.U.Khan, J. - (1.) Heard learned Counsel for the petitioners as well as learned Counsel for respondents who has appeared through caveat.
(2.) This is a tenant's writ petition. Mst. Akhtari Begum original landlady, since deceased and survived by respondents filed S.C.C. Suit No. 102 of 1982 against the petitioners and another for their eviction and recovery of arrears of rent. Property in dispute is a shop rent of which is Rs. 60/- per month. Additional J.S.C.C. Varanasi/Civil Judge, Varanasi decreed the suit for eviction and recovery of arrears of rent on 17.1.1997 i.e. after 15 years of its filing. Against the said judgment and decree petitioner No. 2 Mohd. Asgar Ali filed Civil Revision No. 67 of 1997. Petitioner No. 1 Syed Hasrat Ali also filed Civil Revision No. 103 of 1997. Both the revisions were heard together and decided by common judgment dated 30.7.2007 by the Additional District Judge (Special Judge (S.C.S.T.) Varanasi, who dismissed the revisions, hence this writ petition.
(3.) The eviction was sought on the ground of default, material alteration and sub-letting. In respect of default the trial Court held that rent had not been paid in spite of notice and complete deposit as required by Section 20(4) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 had also not been made on the first date of hearing. The Trial Court held that rent was due since 1.5.1981 and defendant No. 1 had deposited Rs. 1500/- on 18.9.1982, which was less than the amount required to be deposited under Section 20(4) of the Act. How the deposit was not complete has not been mentioned.;