ORDER

1. In this case having regard to the stand taken by the appellant in his written statement, we think it is not an unconditional deposit under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act XIII of 1972). In fact, after narrating that the landlord did not have title in paragraph 15 it is averred:

"That though the respondent, in the above circumstances, does not admit to being the tenant of the plaintiff, still, without prejudice to his rights regarding the rate of rent, has deposited on September 21, 1978, the entire alleged rent from August 1, 1975 to July 31, 1978 at the rate of Rs 10 per month along with cost of the suit and interest thereon, in total Rs 553.25 by tender dated September 21, 1978 in the court of Judge, Small Cause Court, Allahabad in Sheo Murti Gupta v. Ghooreylal{Suit No. 335 of 1978}. Therefore, the respondent is entitled to the protection given by Section 20(4) of the U.P. Act No. 13 of 1972 against eviction."

2. The fact that even here no unmistakable term denies the title of the landlord would amount to a conditional deposit. The court below is correct. The civil appeal stands dismissed. The question of