Heard Sri P.N. Saxena, learned Senior Advocate assisted by Sri Atul Dayal for petitioner and Sri Swapnil Kumar, learned counsel for respondents.
While assailing the impugned order passed by the revisonal court Sri Saxena submits that the revisional court has erred in reappraising the evidence and recording a different finding other than the finding recorded by the learned Judge, Small Causes Court. In his submissions the suit was filed for eviction of petitioner on the ground of default in payment of rent and the trial court has found that petitioner was entitled to avail the benefit of Section 20(4) of U.P. Urban Building (Regulation of Letting Rent and Eviction) Act No. 13 of 1972 (herein after referred to as the Act) but the revisional court has illegally calculated the amount only upto the month of December, whereas on 15.5.2010 the date fixed in the case an amount of Rs.8000/= was deposited.
Sri Swapnil Kumar, learned counsel appearing on behalf of respondents taking shelter of Section 7 of the Act submits that the petitioner has not deposited the house tax and water tax and there is still short fall of the demanded amount therefore the petitioner is not entitled to get the benefit of Section 20(4) of the Act and the Revisional Court has rightly dismissed the revision.
Matter needs scrutiny.
Issue notice.
Sri Swapnil Kumar, learned Advocate has filed Caveat on behalf of respondents, therefore, notices need not to be served again.He is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
As an interim measure without prejudice to the rights and contention of the parties subject to deposit of Rs.4000/= per month towards damages for use and occupation of the shop in question eviction of the petitioner from the shop in question shall remain stayed The rent of the month of October, 2014 shall be depsoited by 10th November, 2014. Likewise on or before 10th day of each succeeding month the same amount shall be deposited before the learned Judge Small Causes Court.
In case of default, interim order granted today shall stands automatically vacated.
The amount so deposited may be withdrawn by the respondent-landlord.
Order Date :- 30.10.2014 M.A.A.