S.U.Khan - (1.) HEARD learned counsel for the petitioner. No one appeared on behalf of tenants respondents.
(2.) THIS is landlord's writ petition arising out of suit for eviction instituted by him against original tenant. respondent No. 3 Master Salahuddin in the form of S.C.C Suit No. 100 of 1979. Eviction was sought on the ground of default and decree for recovery of arrears of rent was also prayed for. Property in dispute is a shop, rent of which is Rs. 50 per month. Prior to the filing of the suit giving rise to the instant writ petition, landlord had filed another similar suit being Suit No. 253 of 1973. In the earlier suit, tenant had deposited the entire rent on the first date of hearing, hence suit was dismissed for eviction and landlord was permitted to withdraw the amount deposited by tenant under Section 20 (4) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Against the said decision, landlord filed revision before the District Judge, which was dismissed on 1.10.1975. Landlord filed second revision before the High Court (Civil Revision No. 105 of 1978), which was pending when the second suit giving rise to the instant writ petition was filed. In the second suit, defendant took the plea that he was depositing the rent in the previous decided suit, hence he was not defaulter. Before filing the second suit, notice was given by the plaintiff landlord on 17.3.1979, which was served on 21.3.1979. Tenant sent reply to the said notice on 15.4.1979. Thereafter, second notice was given by the landlord on 27.4.1979, which was served upon tenant on 1.5.1979.
(3.) LANDLORD also asserted that even in the old decided suit, tenant had not deposited house tax, water tax and chhajja tax. In the old suit, tenant deposited the rent for two years from May, 1977 till April, 1979 on 18.4.1979. Tenant contended that accordingly when the second notice was given, he was not defaulter and within one month from receipt of the first notice, he had deposited the amount.;