Judgement

RANGANATHAN, J.:- The question which has come up for consideration in this appeal from a judgment of the Allahabad High Court is whether the deposit of rent by a tenant under S. 7-C of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 (hereinafter called the Act) as such entitles him to resist successfully eviction under the provisions of the Act on the ground of default in payment of rent.

2. The appellant, Ram Sewak, was a tenant of the respondent, Munna Lal, in respect of a shop on a rent of Rs. 25/- per month. The rent up to 30-11-66 had been paid by the tenant. The landlord, however, claimed that the rent for the period from 1-12-1966 till 28-2-1971, less an amount of Rs. 275/-, which had been received by him by way of money order, was due from the appellant tenant. This remained unpaid despite notices of demand dt. 22-3-71 and 12-4-1971, and a notice of termination of the tenancy dt. 27-4-1971. On these allegations, the landlord instituted a suit for ejectment of the tenant on the ground of non-payment of rent. He also claimed the recovery of arrears of rent, mesne profits and certain taxes, which were alleged to be payable by the tenant. This suit was decreed by the learned Munsif, Jhansi. A first appeal was unsuccessful insofar as the decree related to the eviction of the petitioner was concerned but the claim for arrears of rent was rejected in part on the ground of limitation. A second appeal was also dismissed by the High Court and hence the present appeal.

3. The defence of the tenant to the suit was that he had tendered the rent to the plaintiff -landlord but the latter had refused to accept it. The rent was sent by money order but even then it was refused. It was submitted that the tenant had thereupon made an application on 31-7-1967 under S. 7-C of the Act in the court of the learned Munsif, Jhansi, for permission to deposit the rent in the court. The Court issued a notice to the landlord, which was also duly served on him. On the date of hearing there was no appearance on behalf of the landlord. Thereupon the learned Munsif passed an order, on 11-11-1967, permitting the tenant to deposit the arrears of rent as well as future rent in Court. It was claimed that the tenant had deposited arrears of rent amounting to Rs. 200/- for the period from 1-12-1966 to 31-7-67 in the court along with application and that he continued to deposit in court the rent thereafter from month to month. It was, therefore, submitted that there were no arrears of rent due from the tenant to the landlord and that, therefore, the suit for eviction was not maintainable.

4. The learned Munsif and, on appeal, the learned Subordinate Judge found as a fact that the plaintiff (defendant) had failed to prove that he had tendered the rent to the landlord or that the latter had refused to accept it. This being so, they held, the statutory conditions requisite for a valid deposit under S. 7-C were not fulfilled. Neither the application made by the plaintiff under S. 7C nor the order passed by the learned Munsif on 11-11-67 could therefore, help the plaintiff. In this view of the matter, both the courts held that the default in payment of rent, within the meaning of S. 3(l)(a) of the Act, stood established and the plaintiff was, therefore, liable to eviction. Before us, as before the Courts below, learned counsel for the tenant based his case solely on the order under the provisions of S. 7C of the Act. That section reads as follows :

"7-C - Payment by Deposit of Rent- (1) When a landlord refuses to accept any rent lawfully paid to him by a tenant in respect of any accommodation the tenant may in the prescribed manner deposit such rent and continue to deposit any subsequent rent which becomes due in respect of such accommodation unless the landlord in the meantime signifies by notice in writing to the tenant his willingness to accept.

(2) Where any bona fide doubt or dispute has arisen as to the person who is entitled to recei