- (1.) THIS petition has been filed by the landlord to assail the order dated 22nd August, 2004 as well as the order dated 29th January, 2005 passed in the Miscellaneous Case under section 30 (1) of the U. P. Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act' ).
(2.) THE records of the writ petition indicate that the petitioner was a tenant of the house in dispute of which the rent was enhanced to Rs. 2000/- per month with effect from June, 1995. A notice dated 21st March, 2000 was sent by the landlord in respect of which a detailed reply was sent by the Counsel for the tenant admitting therein that from June, 1995 the rate of rent of the house in dispute was Rs. 2000/ -. It was also stated that the landlord had refused to accept the rent with effect from December, 1999 as the Money-Orders sent by the tenant were refused.
(3.) THE tenant then started depositing the rent at the rate of Rs. 2000/- per month with effect from December, 1999 under section 30 (1) of the Act. This deposit was continued to be made up to December, 2003 and ultimately the tenant vacated the premises on 31st May, 2005. Just prior to vacating the premises, in the month of August, 2004 the tenant moved an application that since the amount had been deposited under section 30 (1) of the Act at his own risk, the tenant may be permitted to withdraw the amount. This application was allowed by the Court but before the amount could be withdrawn the landlord moved an application in October, 2004 with a prayer that the amount deposited under section 30 (1) of the Act by the tenant in favour of the landlord may be permitted to be withdrawn by the landlord. This application has been rejected by the Court by the order dated 29th January, 2005 holding that the amount cannot be paid to the landlord since the deposit was made by the tenant at his own risk.;