O.P. Srivastava, J. - (1.) THE petitioner has prayed for a writ in the nature of certiorari quashing the order dated 10.11.1994 passed by learned Munsif South, Unnao on application under section 30(1) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (In short Act No. 13) for permission to deposit the rent arid the order dated 28.1.1995 dismissing the revision as not maintainable. The petitioner -tenant of a shop situate in Mohalla Jawaharnagar, Unnao City moved an application under section 30(1) of Act No. 13 in the Court of Munsif South for permission to deposit Rs. 540/ - as rent for three months from September 1992 to November 1992, at the rate of Rs. 180/ - per month.
(2.) THE learned Munsif oh the basis of terms of agreement directed the petitioner/tenant to deposit rent @ 216/ - per month which was challenged in revision before the learned District Judge. The Revisional Court although found that learned Munsif did not have any jurisdiction under section 30(1) of the Act to direct the tenant to deposit the rent at any rate other than the rate at which the petitioner had prayed for permission to deposit but being of the view that revision against such an order was not -maintainable, the petitioner's revision was dismissed. The above orders have been challenged in the writ petition.
(3.) THE learned Counsel for the petitioner submitted that in view of the judgment of this Court in M/s. S. Chand and Company v. IInd Additional District judge, Lucknow and others 1985 (3) LCD 114, revision under section 115, C.P.C. is maintainable against an order passed under section 30(1) of the Act. He further submitted that the learned Munsif did not have jurisdiction to determine the rate of rent on application under section 30(1) seeking permission to deposit the rent.;