R.C.LAHOTI, BRIJESH KUMAR
Kailash Chandra – Appellant
Versus
Mukundilal – Respondent
JUDGMENT
Brijesh Kumar, J.-This appeal has been preferred by the tenant of the premises in question against the Judgment and Order passed by Allahabad High Court dismissing appellant s Writ Petition, filed against the order for his eviction passed in revision, on the ground of default in payment of rent.
2. The Landlords who are respondent Nos. 1-3 in the present appeal filed a suit for eviction of the appellant in the court of Judge, Small Causes, Jaunpur. The ground for eviction on account of subletting by the appellant/tenant, was not accepted by the Trial Court. However, it was found that the appellant/tenant was in arrears of rent, but decree of eviction was not passed, since the appellant paid the amount due on the first date of hearing in accordance with Section 20(4) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act 1972 (to be referred as Act). The Revisional Court, however, upset the order passed by the Trial Court and passed decree of eviction on account of arrears of rent as well as on the ground of subletting. The said order was upheld in the Writ Petition in so far it related to default in payment of rent. The High Court however held that the Rev
O.P. Singla & Anr. v. Union of India & Ors. 1984(4) SCC 450 at 461. (Para 12)
R.S. Raghunath v. State of Karnataka & Anr. AIR 1992 SC 81 (Para 11)
M. Pentiah & Ors. v. Muddala Veeramallappa & Ors.
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