R.S. Pathak, J. - (1.) The Respondents, Sheikh Waheed Uddin and Sheikh Sayeed Uddin, are owners of a house, one block of which has been let out on rent to the Petitioner, Janki Singh.
(2.) On 21 -8 -1962, an application Under Sec. 7 -C(1) of the UP (Temporary) Control of Kent and Eviction Act, 1947 was made by the Petitioner in the court of the Munsif (West), Allahabad depositing a sum of Rs. 45/ - on account of rent for the period May, 1962 to July, 1962 and stating that the landlords had refused to accept the rent and it was therefore being deposited Under Sec. 7 -C(1). Then on 9 -9 -1962 the Petitioner deposited a further sum of Rs. 420/ - in the court of the Munsif (West) on account of rent for the period January, 1960 to April, 1962 in the aforesaid proceedings Under Sec. 7 -C(1). A further deposit of Rs. 15/ - on account of rent for August, 1962 was made on 27 -9 -1962. In this manner the Petitioner deposited a sum of Rs. 480/ - on account of rent for the period January, 1960 to August, 1962. On 3 -11 -1962 the landlords filed an objection in the proceedings Under Sec. 7 -C contending that the application was not maintainable and that the entire amount of rent due from January, 1960 was due but the Petitioner had deposited rent from May, 1962 only. On the same date the learned Munsif recorded the statement of the Petitioner's counsel that the entire amount deposited was tendered as rent for the period mentioned in the application and that it was open to the landlords to withdraw the amount. The learned Munsif made an order stating that the Petitioner was allowed at his own risk to deposit the rent and to continue to deposit it without prejudice to the rights of the parties and directed that on each deposit notice would be issued to the landlords who would be free to withdraw the amount deposited.
(3.) On 19 -9 -1962, the landlords filed an application Under Sec. 7 -B in the court of the Munsif (West) claiming that a sum of Rs. 480/ - was due from the Petitioner as arrears of rent for the period January, 1960 to August, 1962 and praying that the court should issue notice to the Petitioner to deposit the entire arrears totalling Rs. 480/ - within 15 days from the receipt of the notice and that in case he did not do so, he should be evicted from the accommodation. Accordingly, on 12 -9 -1962, the learned Munsif issued a notice to the Petitioner in the following terms: Whereas the abovenamed Applicant has filed an application in this Court Under Sec. 7 -B of the UP (Temporary) Control of Rent and Eviction Act claiming that a sum of Rs. 480/ - is in arrears as rent for the period from January 1960 to 31 -8 -1962 for the premises M. Malaviya Nagar, Allahabad. You are here by directed to deposit the said sum of arrear in this Court within a period of 15 days from the receipt of this notice and after depositing the amount to file objection, if any. Notice was served upon the Petitioner on 17 -9 -1962 and the Petitioner filed what was described as an "objection" on 1 -12 -1962. The material paragraphs are set out below: 9. That the objector has in view of the technicalities of law deposited the entire rent including that already paid i.e. prior to May 1962 and has reserved his right to realise the same through separate proceeding against the Applicant. 10. That the details of the deposit are given below: 1. Rs. 15/ - for August 1962 dated 27 -9 -1962. 2. Rs. 420/ - January 1960 to April 1962 dated 7 -9 -1962. 3. Rs. 45/ -May 1962 to July 1962 dated 25 -8 -1962, 11. That the entire arrears claimed though wrongly by the Applicant have thus been deposited within time and the application merits dismissal with costs to the objectors. An affidavit was also filed by the Petitioner stating inter alia that the notice Under Sec. 7 -B had been served on 17 -9 -1962 requiring the Petitioner to deposit arrears totalling Rs. 480/ - within 15 days of receipt of the notice and that the money had already been de posited and the Petitioner had filed no objection; Reference was made to the counter -foils of the documents of tender. The Petitioner also applied for summoning of the record of the proceedings under Sec. 7 -C and that record was duly requisitioned and placed before the learned Munsif. After hearing the parties the learned Munsif made an order on 2 -1 -1963 holding that as the Petitioner had failed to deposit in court the amount mentioned in the notice or to furnish security to the satisfaction of the court, the objection could not be entertained in view of the provisions of Sec. 7 -B(7) and in the circumstances directed the eviction of the Petitioner.;