Nathe Ram vs Smt. Meena Rani And 5 Others
2019 Latest Caselaw 2611 ALL

Citation : 2019 Latest Caselaw 2611 ALL
Judgement Date : 5 April, 2019

Allahabad High Court

Nathe Ram vs Smt. Meena Rani And 5 Others on 5 April, 2019

Bench: Manoj Kumar Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1666 of 2019
 

 
Petitioner :- Nathe Ram
 
Respondent :- Smt. Meena Rani And 5 Others
 
Counsel for Petitioner :- Ram Krishna Mishra,Ramesh Chandra Yadav
 
Counsel for Respondent :- Pratik Chandra,Sumit Kumar Srivastava
 

 
Hon'ble Manoj Kumar Gupta,J.

Benefit of deposit made under Section 30 of UP Act No. 13 of 1972 has not been given to the petitioner-tenant on the sole ground that the deposit was made after receipt of notice dated 20.9.2003.

Learned counsel for the petitioner has placed reliance on a judgement of this Court in Babu Ram and others vs. Special Judge/ADJ, Bijnor, 2004 (1) ARC 580 where this court has held that in case rent is deposited in proceedings under section 30 of the Act after refusal of money order but before service of summon of the suit, the deposit has to be taken into consideration.

On the other hand, learned counsel for the respondents has placed reliance on a judgement of this Court dated 30.8.2017 in Smt. Kalawati vs. Deen Dayal Sharma in matter under Article 227 No.4290 of 2017 in contending that the deposit made under section 30 would be invalid.

The matter requires consideration.

Counsel for the respondents prays for and is granted three weeks time to file counter affidavit. The petitioner will have a week thereafter to file rejoinder affidavit.

List in the week commencing 6 may 2019.

The eviction of the petitioner from the premises in dispute shall remain stayed till the next date of listing, provided the petitioner deposits entire decreetal amount after adjusting the amount already deposited in terms of decree passed by the trial court within three weeks from today and continue to deposit damages since the month of April 2019 by seventh of the succeeding month at the rate of Rs.1500/- per month as agreed by learned counsel for the petitioner, failing which the interim order would stand vacated.

(Manoj Kumar Gupta, J.)

Order Date :- 5.4.2019

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