S.U.Khan - (1.) HEARD learned counsel for the parties on the restoration application as well as merit of the writ petition. Cause shown is sufficient, restoration application is allowed. Order dated 2.3.2007 dismissing the writ petition in default is set aside. Writ petition is restored.
(2.) THIS is tenant's writ petition arising out of suit for eviction filed by landlord-respondents No. 2 to 10, Khoob Chand and others. Eviction was sought on the ground of default and prayer for recovery of arrears of rent was also made. Suit was registered as S.C.C. Suit No. 33 of 1981 and was dismissed by J.S.C.C., Lalitpur on 20.1.1992. Against the said judgment and decree landlords respondent filed S.C.C. Revision No. 7 of 1992. A.D.J./ Speical Judge (D.A.A.), Lalitpur, through judgment and order dated 26.2.1998 allowed the revision set aside the judgment and decree passed by the trial court and decreed the suit of the landlord respondents for eviction and recovery of arrears. THIS writ petition is directed against the said judgment and order passed by lower revisional Court. The building in dispute is covered by U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Admitted rate of rent is Rs. 14 per month. Landlords asserted that rent had not been paid since 19.11.1967. Notice of demand was sent on 2.9.1980, which was served on tenant on 10.9.1980. Thereafter, notice to terminate the tenancy was given on 2.2.1981 which was served upon the tenant on 5.2.1981. No rent was paid in pursuance of either of the two notices hence suit was filed. Tenant-petitioner filed written statement contending that as rent was not accepted by the landlord hence he deposited the same under Section 7C of old Rent Control Act of 1947 (equivalent to Section 30 of the new Rent Control Act of 1972). The case initiated before the Munsif for deposit of rent under Section 7C of the old Act which was registered as Misc. Case No. 6 of 1971. It was also pleaded that in the said case rent till 16.10.1980 had been deposited hence at the time of second notice dated 2.2.1981, four months rent was not due. However, tenant sent the rent from 17.10.1980 to 16.2.1981 to the landlord through money order which was refused.
(3.) THE main dispute between the parties was regarding the deposit of the rent for the following period under Section 7C of the old Rent Control Act. 11.1967 to 17.5.1971 amounting to Rs. 588. This amount was deposited in Misc. Case No. 26 of 1971 instead of Misc. Case No. 6 of 1971. The assertion of the tenant was that it was a clerical error. The lower revisional court held that rent deposited in wrong case could not be withdrawn by the landlord hence it could not be said that the deposit of the said rent was valid and amounted to payment to the landlord.;