Hon’ble Krishna Murari, J.—Heard learned counsel for the petitioners.

Writ petition arises out of the proceedings of suit No. 14/2011 filed by the plaintiff-respondent before the Judge, Small Causes Court, Allahabad for recovery of arrears of rent and eviction against the petitioner-tenants. Suit was filed on the allegation that the petitioner-defendants were tenants on a monthly rent of Rs. 200/- excluding water tax and the tenancy was month to month beginning from first day of every calender month. It was further pleaded that tenant was defaulter in payment of rent for more than four months and despite service of notice, the arrears was not paid, as such, the tenancy was terminated. Suit was contested by the petitioner-tenants by filing written statement denying the plaint allegation. It was pleaded that originally the house in dispute was in tenancy of their father on a monthly rent of Rs. 10/-, which was duly paid and after his death, petitioners became tenants and had regularly paid the rent, the receipts whereof were not issued. It was further pleaded when the respondent-landlord refused to accept the rent it was deposited under Section 30 of the Act No. XIII of 1972