Special costs can be awarded under S.7-B of the Act for frivolous or vexatious applications, emphasizing compensatory nature over punitive intent.

1. By this judgment Special Appeal No. 499 of 1969 and the connected Special Appeal No. 343 of 1969 are being disposed of which have been filed against the judgment of the learned Single Judge date 27-3-1969. The learned Single Judge allowed the writ petition of Messrs Ganesh Das Ram Gopal (briefly stated as the appellant) in part.

2. The facts of the case, necessary for appreciation of the points involved, are as follows: The appellant admittedly is the owner of a building situate in Lucknow known as "Halwasia Court" Hazratganj, Lucknow. On 8-5-1962 the appellant filed an application under S.7 - B of the U. P. (Temporary) Control of Rent and Eviction Act, hereinafter referred to as the "Act" against Shamsher Bahadur the appellant of Special Appeal No. 343 of 1969 (briefly stated as the respondent). The appellant alleged in the application under S.7 - B of the Act that the respondent was the tenant on a monthly rent of Rs. 1650/- under the allotment order dated 17th January, 1959 but as he had not paid the rent since 15th December 1958 to 15th April 1962, he was liable to pay the same in the present proceeding under S.7 - B. The total amount claimed by the appellant in this application was Rs. 66,000/- calculated @ Rs. 1650/- per month for the period mentioned above. The appellant also prayed that in case the respondent did not pay or did not deposit the amount claimed by him within the statutory period, an order for his ejectment may be passed and the same may be sent to the District Magistrate, Lucknow for execution. The respondent deposited a sum of Rupees 25,000/- in cash and furnished security for the balance. The details of the security furnished by him were as under:
(i) Security Bond of Rs. 25,000/- by one Akhilesh Tewari;
(ii) Security Bond of Rs. 11,000/- by one Muzaffar Siddiquee;
(iii) Rs. 10,000/- security in the shape of Z. A. L. R. Grant Bonds.
The respondent thereafter filed an objection contesting the application made by the appellant on the grounds inter alia, that a portion of the Halwasia Court was allotted to him by the Rent Control and Eviction Officer. He alleged that he thereafter filed an application under S.3 - A of the Act for determination of the reasonable rent of the accommodation. On 25-9-1959 the Rent Control and Eviction Officer determined the same at Rs. 362.50 n. p. The respondent contended that there was no agreement between the appellant and the respondent for payment of rent @ Rs. 1650/- and the application under S.7 - B of the Act had been filed by the appellant only to harass the respondent under the impression that the respondent would not be able to deposit the amount or furnish security in respect of the same within time and that the same would entitle the appellant to dispossess the respondent from the premises in his occupation as a tenant. On 31st July 1962, after the objection had been filed by the respondent, the learned Munsif called upon the appellant to pay the requisite court - fees so that the proceedings may be converted into a suit for recovery of rent. The appellant obtained one month's time from the court for complying with its order to deposit the court - fees on the ground that the appellant did not have money in hand at that time to deposit the court - fees. The court thereafter took up the matter on the 8th August 1962 when the prayer for further time for payment of court fees was refused by the learned Munsif. On 9-8-1962 the court quashed the proceedings under S.7 - B of the Act. In the meantime the respondent had filed an application claiming special costs to the tune of Rs. 66,000/- on the assertion that the application under S.7 - B of t