2005 (1) AWC 443
(ALLAHABAD HIGH COURT)
Anjani Kumar, J.
C.M.W.P. No. 12963 of 2003
Decided on November 23, 2004
Suresh Chand Soni
Versus
A.D.J., (Room No. 13), Agra and others
Section 20 (4) - Tenant's Application for Restriction on Plaintiff's Withdrawal of Deposited Amount
Fact of the Case:
The petitioner challenged the rejection of their application to restrict the plaintiff from withdrawing the amount deposited by the petitioner to claim the benefit of Section 20 (4) of U. P. Act No. XIII of 1972.
Finding of the Court:
The trial court and the revisional court rejected the application, providing cogent reasons for their decision. The petitioner's argument was found to be without merit.
Issues: The issue was whether the plaintiff should be restricted from withdrawing the deposited amount by the petitioner to claim the benefit of Section 20 (4) of the Act.
Ratio Decidendi: The court found no error in the decision of the trial court and the revisional court, and dismissed the writ petition.
Final Decision: The writ petition was dismissed.
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 of Section 20 (4) of the Act, it is not open to the petitioner to pray as has been done by means of this writ petition.
3. The trial court as well as the revisional court has given cogent reasons for rejecting the application. Learned counsel for the petitioner could not demonstrate any error in the order passed by the trial court and affirmed by the revisional court.
4. In this view of the matter, this writ petition is dismissed.
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