SHEO PRASAD GUPTA Vs. RADHEY LAL GOSWAMI

JUDGEMENT

(1.) Petitioners are tenants in a portion consisting four rooms, one Duchhatti, kitchen, Chhajja (Balcony) and a latrine situate on the second floor of premises No.31/32, Beldari Mohal (Ghumani Mohal), Kanpur Nagar. The respondent as a Sarvrakar of Sri Thakur Gopal Ji Maharaj Virajman Mandir after determination of tenancy vide notice dated 15.4.1996 instituted Small Causes Court Suit No.225 of 1996 for eviction of the petitioners from the said portion on the ground that they have materially altered the tenanted portion and that they have defaulted in payment of rent for the period 1.11.1995 to 31.3.1996.

(2.) The parties contested the suit on the premise that the U.P. Act No.13 of 1972 is applicable and the suit is one under Section 20(2)(a) and (c) of the Act.

(3.) The petitioners denied that they have carried out any material alteration in the disputed portion and at the same time contended that the rent for the period 1.11.1995 to 31.3.1996 amounting to Rs.711/- on receiving the notice of demand was duly remitted by a money order to the respondent and, as such, there is no default in payment of rent which may occasion institution of a suit on the said ground. The petitioners have deposited the entire amount of rent and damages together with interest on or before the first date of hearing of the suit and, therefore, are not liable for eviction on the ground of default.