Hon’ble S.U. Khan, J.—Heard learned counsel for the parties on the restoration application as well as merit of the writ petition. Cause shown is sufficient restoration application is allowed. Order dated 2.3.07 dismissing the writ petition in default is set aside. Writ petition is restored.

2. This is tenant’s writ petition arising out of suit for eviction filed by landlord-respondents No. 2 to 10, Khoob Chand and others. Eviction was sought on the ground of default and prayer for recovery of arrears of rent was also made. Suit was registered as S.C.C. Suit No. 33 of 1981 and was dismissed by J.S.C.C., Lalitpur on 20.1.1992. Against the said judgment and decree landlords respondent filed S.C.C. Revision No. 7 of 1992. A.D.J./Speical Judge (DAA), Lalitpur, through judgment and order dated 26.2.1998 allowed the revision set aside the judgment and decree passed by the trial Court and decreed the suit of the landlord respondents for eviction and recovery of arrears. This writ petition is directed against the said judgment and order passed by lower revisional Court.

3. The building in dispute is covered by U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972. Admitted rate of rent is Rs.14/- per month. Landlords asserted that rent had not been paid since 19.11.1967. Notice of demand was sent on 2.9.1980, which was served on tenant on 10.9.1980. Thereafter, notice to terminate the tenancy was given on 2.2.1981 which was served upon the tenant on 5.2.1981. No rent was paid in pursuance of either of the two notices hence suit was filed.

4. Tenant petitioner filed written statement contending that as rent was not accepted by the landlord hence he deposited the same under Section 7-C of old Rent Control Act of 1947 (equivalent to Section 30 of the new Rent Control Act of 1972). The case initiated before the Munsif for deposit of rent under Section 7-C of the old Act which was registered as Misc. case No. 6 of 1971. It was also pleaded that in the said case rent till 16.10.1980 had been deposited hence at the time of second notice dated 2.2.1981, four months rent was not due. However, tenant sent the rent from 17.10.1980 to 16.2.1981 to the landlord through money order which was refused.

5. The main dispute between the parties was regarding the deposit of the rent for the following period under Section 7-C of the old Rent Control Act.

6. 18.11.67 to 17.5.1971 amounting to Rs. 588/-. This amount was deposited in Misc. case No. 26 of 1971 in stead of Misc. case No. 6 of 1971. The assertion of the tenant was that it was a clerical error. The lower Revisional Court held that rent deposited in wrong case could not be withdrawn by the landlord hence it could not be said that the deposit of the said rent was valid and amounted to payment to the landlord.

7. In order to get the benefit of Section 20(4) of the Act tenant deposited an amount of Rs. 259/- on 30.3.1981 which was the date of first hearing. This amount included rent from 18.4.1977 to 17.7.1977 and 17.10.1980 to 16.3.1981 alongwith interest and cost. Out of this amount, an amount of Rs. 130/- was stated by the tenant to be the amount of cost. The Chalan of deposit under Section 7-C of the old Act for the period from 17.4.1977 to 16.7.1977 was missing hence rent for the said period was redeposited on 30.3.1981. Lower revisional Court has mentioned that Chalan for the period from 17.7.1975 to 16.10.1975 (3 months) was also missing. Lower revisional Court also mentioned that the interest for delayed payment of the rent from 16.7.1980 to 16.10.1980 amounting to Rs. 4.42 was also deposited late i.e. on 20.8.1981.

8. Learned counsel for respondent Nos. 2 to 10 landlords has filed a chart on 3.5.2006 showing details of deposits. In that chart it is shown that rent from 17.7.1980 to 16.10.1980 was deposited under Section 7-C of the old Act on 26.9.1980 i.e. after receiving the first notice dated 2.9.1980.

9. In the supplementary affidavit filed by the petitioner on 2