S.U.Khan - (1.) -Heard learned counsel for the parties.
(2.) THIS is tenants' writ petition. Landlord respondent No. 1, Mahavir Prasad filed S.C.C. Suit No. 290 of 1987 against Mahesh Prasad the original tenant for his eviction on the ground of default and recovery of rent. Rate of rent is Rs. 23 per month. Property in dispute is a residential house situate on the ground floor in Ram Bagh, Kanpur City and contains one room, verandah, kitchen and common court-yard. The trial court/II A.D.J., Kanpur Nagar decreed the suit through judgment and decree dated 22.3.1994. Original tenant Mahesh Prasad since deceased and survived by the petitioners filed S.C.C. Revision No. 64 of 1994 against judgment and decree passed by the trial court. V A.D.J., Kanpur Nagar, through judgment and order dated 8.2.2001 dismissed the revision, hence this writ petition. Notice of termination of tenancy and demand of rent was sent on 4.8.1986 and was served upon the tenant on 6.8.1986. In the said notice, rent from 10.3.1985 till 9.7.1986 was demanded. Tenants' case is that landlord stopped accepting rent from 10.3.1985, hence tenant sent the rent through money-orders thrice but all the money-orders were refused to be accepted by the landlord, hence tenant deposited the rent under Section 30 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The said case was allowed on 20.11.1985. Suit was filed on 21.4.1987. In the case, under Section 30 of the Act, tenant had deposited the rent till February, 1987.
(3.) ACCORDING to the tenant, he sent the rent through money-order on the following dates : (i) 14.5.1985. (ii) 13.6.1985. (iii) 10.7.1985. The case under Section 30 of the Act instituted by the tenant was registered as Misc. Case No. 925/70 of 1985. Money-orders coupons and receipts were filed by the tenant in the said case and the file of the said case was summoned in the suit giving rise to the instant writ petition.;