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2004 Supreme(All) 2139

ANJANI KUMAR
Suresh Chand Soni – Appellant
Versus
A. D. J. , (Room No. 13), Agra – Respondent


Advocates:
Counsel for the Petitioner: S. K. Purwar and M. P. Yadav.
Counsel for the Respondents: S. C.

ORDER

Anjani Kumar, J.—Heard learned counsel for the parties.

2. By means of this writ petition, the petitioner has challenged the orders dated 11.1.2001, Annexure-4 to the writ petition and 4.9.2002, Annexure-5 to the writ petition, whereby the trial court has rejected the application filed by the petitioner-tenant No. 12-Ga wherein it is prayed that some restriction may be put on the plaintiff in withdrawing the amount deposited by petitioner in order to claim the benefit of Section 20 (4) of U. P. Act No. XIII of 1972. This application has been rejected by the order dated 11.1.2001. Aggrieved thereby, the petitioner preferred a revision against the order dated 11.1.2001, which was dismissed by the revisional court affirming the order of the trial court. Learned counsel for the petitioner argued that since the petitioner has doubt without disputing as to whether the plaintiff is landlord of the accommodation in dispute the amount deposited by the petitioner in order to claim the benefit of Section 20 (4) of the Act, the respondent should be allowed to withdraw the amount only after putting some restriction. In case the petitioner deposits the amount in order to claim the benefit



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