A.P.SEN, V.BALAKRISHNA ERADI
Anandi Devi – Appellant
Versus
Om Prakash – Respondent
(1) IN this appeal, the High court has failed to exercise the jurisdiction vested in it in declining to interfere with the order of First Additional District Judge, Ballia without disclosing any reason. The learned Additional District Judge disallowed the prayer for eviction made by the appellant in her application under S. 20(2)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act 13 of 1972) in spite Of his having come to the conclusion that the deposit of arrears of rent, which had fallen due from 27/01/1972 up to 26/08/1972, made by the respondent-defendant, was not a valid deposit under S. 13(2) of the Act. The learned Additional District Judge has failed to appreciate that the respondent having failed to comply with the requirements of Order 15, Rule 5 of the Code of Civil Procedure, 1908 by not making a deposit of arrears of rent together with interest and costs, the appellants application for striking off the defence ought to have been allowed and thereafter the suit for eviction should have been decreed under S. 22 (a) of the Act. In this view, the judgment and order of the High court as well as that of the learned District
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.