D.K.Mahajan, J. - (1.) This order will dispose of Civil Revision No. 57 of 1968 and Civil Revision No. 26 of 1968. The facts of both these petitions are common.
(2.) The subject matter in dispute is rented land. It was rented by Sujan Singh to Mange Ram at a monthly rental of Rs. 14/- per mensem in the year 1949. Admittedly the rent has been paid to Sujan by Mange Ram upto Feb., 1959. Thereafter, dispute started between Sujan and Parkash regarding the rented land. Parkash claimed that he was entitled to half of the rented land as owner. This litigation resulted in a decree in favour of Parkash wherein it was held that the rented land was owned by Sujan Singh and Parkash in equal shares The eastern half portion was held to belong to Parkash. After this decree, two applications for eviction of Mange Ram were filed, one by Parkash and the other by Sujan Singh. Parkash's application was filed on Feb. 7, 1963 and the first date of hearing in that application was April 22, 1963. Admittedly, the arrears of rent were not deposited on the first hearing. Accordingly an order of eviction was passed against him and the same has been upheld in appeal by the appellate authority. Mr. Sachar rightly did not press the petition for revision arising out of this application because the provisions of the Rent Restriction Act were not complied with and the order of the authorities concerned is perfectly in order.
(3.) This leaves the application of Sujan Singh for eviction of Mange Ram from the western portion of the rented land This application was filed on Oct. 11, 1963. The first date of hearing in this application was Dec. 16, 1963 In an interpleader suit filed by Mange Ram wherein he claimed that there was a dispute between his landlord, a sum of Rs. 900.00 was deposited by him in the Court of Mr. M.L. Singh claimed by Mange Ram as payment on the first hearing of Sujan's application for his eviction. It is significant that the application for eviction was filed in the Court of Shri D. R. Saini Therefore, the deposit of Rs. 900.00 was not in the Court of Shri D. R. Saini or in the same Court, It was in a different Court and in view of the decision of the Supreme Court in Shri Vidya Prachar Trust Vs. Basant Ram, 1969 PLR. 526 , this deposit cannot be treated as a deposit under the Rent Restriction Act to save eviction of the tenant.;