SHISHIR KUMAR,J. - (1.) HEARD the learned counsel for the petitioner.
(2.) THIS writ petition has been filed for quashing the order dated 19.9.2009, Annexure-1 to the writ petition by which the revision filed by the petitoner has been rejected. It appears that respondent being landlord filed a suit for arrears of rent and ejectment against the petitioner. It has been stated that in spite of repeated requests, rent has not been paid, therefore, after giving notice, the suit for arrears of rent has been filed before the Judge Small Causes Court. The Judge Small Causes Court has recorded a finding that the amount has been deposited under Section 30 of Act No. XIII of 1972 and the respondent has failed to prove that the petitioner is in arrears for more than 12 months. The Judge small Causes Court has dismissed the suit filed by the respondent. On a revision filed by the respondent-landlord the revisional court has allowed the revision and has held that admittedly the rent has not been deposited under Section 20 (4) of the Act. The deposit under Section 30 of the Act cannot be treated to be a sufficient deposit. A further finding has been recorded that the court below has shifted the burden upon the landlord which is a mistake committed by the court below. The trial court has clearly failed to take into consideration that after receipt of the notice expenses as well as the other amount due to the petitioner including the rent of two years have not been deposited. After recording this finding, the revision was allowed and the order passed by the court below was set aside.
(3.) I have considered the submissions made on behalf of the petitioner to the effect that there was no default on his part as the rent was being deposited under Section 30 of the Act. Considering this fact, the Judge Small Causes Court has recorded a finding that the petitioner is not in arrears for more than four months. It cannot be accepted in view of the fact that the revisional court has recorded a finding of fact after taking into consideration all the relevant materials on record. Admittedly the rent of two years have not been deposited including the interest as well as the expenditure and the counsel fee. Any deposit made under Section 30 of the Act cannot be treated to be sufficient deposit.;