J. C. Gupta, J. - (1.) This is tenant's writ petition for quashing the judgment and order dated 21.1.98 passed by respondent No. 1 (Annexure-8 to the writ petition) decreeing the plaintiff-respondents suit for ejectment of the petitioner.
(2.) When this writ petition came up for hearing for admission. Sri K. K. Tripathi counsel for the landlord-respondents put in appearance and in the circumstances of the case with the consent of parties' counsel, this writ petition is disposed of finally.
(3.) Undlsputedly earlier to the present suit, the plaintiffs predecessor-in-interest had filed Suit No. 737 of 1990 against the tenant-petitioner on the ground of default in payment of rent. In that suit, rent for the period from 1.5.73 to 18.4.80 was claimed. The defence was that on refusal by plaintiff rent from 1.5.73 to 31.3.80 had been deposited under Section 30 (1) of the Act as such only three months rent was due on the date of service of notice. After the receipt of notice of demand, rent was tendered to the landlord by money order but the same was also not accepted hence the defendant continued to deposit the same in Court. The said suit was dismissed with the finding that the rent under Section 30 (1) was validly deposited and on the date of service of notice, rent for more than four months was not due.;