SUDHIR NARAIN,J. - (1.) THIS writ petition is directed against the judgment dated 13.8.1984 passed by the Judge Small Causes Court, respondent No. 2, decreeing the suit of the plaintiff-respondent and the order dated 20.5.1985 passed by respondent No. 1 dismissing the revision against the aforesaid order.
(2.) RESPONDENT No. 3 filed suit for recovery of arrears of rent and ejectment from the disputed property and damages for its use in occupation on the allegation that the petitioner was tenant at monthly rent of Rs. 40. The petitioner stopped paying rent since 1.1.1983. He sent a notice dated 21.10.1983 to the petitioner demanding arrears of rent and terminating his tenancy. The petitioner did not comply with the notice. Hence the suit. The petitioner contested the suit. It was alleged that the landlord refused to accept the rent. He was not liable to pay water-tax. He also alleged that he has deposited the rent under Section 20(4) of U.P. Act No. 13 of 1972 and the suit for eviction cannot be decreed against him. The Judge, Small Causes Court framed various issues. One of the issues was whether the petitioner was defaulter in payment of rent and whether the petitioner was entitled to the benefit of Section 20(4) of the Act. The third issue was whether the notice given to the petitioner was invalid.
(3.) THE trial Court recorded a finding that the petitioner had committed default in arrears of rent. He did not deposit the entire amount as required to be deposited under the provisions of Section 20(4) of the Act and was not entitled to its benefit. The notice to the petitioner was valid. The petitioner preferred a revision against the said judgment. Respondent No. 1 dismissed the revision on 30th May, 1985.;