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HIGH COURT OF ALLAHABAD
N.L. GANGULY, J.
Sri Brigunath Sahai Sinha - Appellant
Versus
D J Ballia - Respondent
Decided on : Jan 13, 1995
RENT CONTROL ACT - SECTION 20 (2) (F) - DENIAL OF LANDLORD'S TITLE - DEPOSIT OF RENT - EFFECT:
Fact of the Case:
The petitioner, a tenant, deposited the entire arrears of rent before the court under Section 20 (2) (f) of the U.P. Act No. 13 of 1972, claiming protection from eviction. However, in the written statement, the petitioner denied the title of the landlord.
Finding of the Court:
The court held that the mere deposit of rent under Section 30 (2) of the Act does not absolve the tenant from the risk of being evicted on the ground of default. The categorical denial of the title by the tenant in the written statement shows that the submission about bonafide doubt and dispute by the tenant is self-contradictory and is demolished by the statement of denial of title in the written statement.
Issues: Whether the deposit of rent under Section 30 (2) of the Act absolves the tenant from the risk of being evicted on the ground of default, despite the tenant's denial of the landlord's title in the written statement.
Ratio Decidendi: The court relied on the decision in Narain Dass Khanna v. Jawahar Lal Bhatia, where it was held that the denial by the defendant-tenant in the written statement that the plaintiff is not the sole landlord of the premises amounts to denial of the title of the landlord and there was no necessity for determining the tenancy of the tenant under Section 111 (g) of the Transfer of Property Act.
Final Decision: The court dismissed the writ petition, holding that the finding of the lower court that the tenant had denied the title of the landlord in the written statement was a pure finding arrived after appraising the evidence and was not open to challenge under Article 226 of the Constitution.
N. L. Ganguly, J.
1. This writ petition is directed against the judgment and decree of the orders of the revisional court dated 17-9-84, 9-4-87 and the judgment of Small Causes Court dated 28-1-85.
2. When this petition was filed, the Hon'ble Court was pleased to direct that W. P. No. 13044 of 1984 was pending before the Court between the same parties. The court was, thus, pleased to direct that this petition be listed alongwith the record of PW No. 13044 of 1984 aforementioned. This petition was admitted on 2-8-88 and connected with the said writ petition. I have already decided the said writ petition and dismissed the same. Since it is a connected with petition, separate judgment is being given.
House No. D-113 Midhi, Ballia was let out to Brij Behari Sahai, father of the respondent No. 3 (5) Rs. 20 per month as rent about 40 years ago. It was said that an application under Section 3 of the Old Rent Control and Eviction Act permission to file the suit for eviction of the petitioner was filed. In the said application, it was stated that the partition has been done in the family and the house in question has come in the share of Brij Nath Sahai and he has no other premises to live. He filed the said application for permission to file the suit. The application was rejected for grant of permission to file suit by the Rent Control and Eviction Officer on 19-12-69. A revision was filed against the said order before the District Judge which too was dismissed by order dated 22nd March, 1973. The petitioner has given previous history of litigation and thereafter he stated that an application under Section 21 of the Rent Control Act (Act No. 13 of 1972) was filed for the release of the house in question basing his claim on another partition. It was said that the second partition was based on a compromise decree dated 25-5- 77. The petitioner pleaded that even after the compromise between the family members, the respondents neither gave any notice nor the original landlord namely Brij Nath Sahai ever informed that the house in question was given in the partition in the share of the respondent No. 3. The petitioner pleaded that a notice was given to the petitioner for arrears of rent for more than four months and suit was filed under Section 20 (2) (a) of U. P. Act No. 13 of 1972. The petitioner contested the suit by filing written statement. After filing of the written statement plaint was amended. The suit was dismissed by the trial court on 12-11-82 A copy of the said judgment has best annexed as Annexure 3 with the writ petition. Against the said judgment, the contesting respondent No. 3 filed a revision which was allowed on 17th September, 1984. A copy of the said judgment is annexed as Annexure 4 to the writ petition which also has been challenged by the petitioner. The case was remanded and the plaintiff was permitted to amend the plaint to include the denial of landlord's title. After remand, pleadings were amended and the suit was decreed on 28-5-85. On the ground that the petitioners have denied the title of the landlord. The judgment dated 28-5-85 is annexed as Annexure 5 with the with petition, against which a revision was filed before the District Judge which was also dismissed by order dated 9-4-87, a copy is annexed as Annexure 6. These two orders are also challenged by the petitioner in the present writ petition.
3. A perusal of the judgment of the District Judge Annexute-6 dated 9-4-87 shows that the plaintiff- respondents' suit was filed on the sole ground that he is the owner and landlord of the premises in suit and the defendant Kripa Shanker is tenant at the monthly rent of Rs. 25. It was said that the defendant was in arrears of rent for more than 4 months. A combind notice under Section 20 of the Act No. 13 of 1972 read with Section 106 of Transfer of Property Act was sent to the defendant petitioner which lie refused to accept. After the expiry of the statutory time, the plaintiff filed the suit for eject
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