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Allahabad High Court · body

1965 DIGILAW 277 (ALL)

Janki Prasad Misra v. Ranvir Singh Rathore

1965-08-09

R.N.SHARMA

body1965
ORDER R.N. Sharma, J. - This is a revision against the following order of the learned Munsif, Rae Bareli: Parties are personally present. The landlord is not willing to accept the rent. No evidence is given. The amount in deposit be kept until withdrawn by O.P. Consign the record.'' It appears that the applicant is landlord of a house He brought a suit against the opposite party for recovery of arrears of rent and ejectment of the opposite party from this house. The suit was brought on the plea that the tenant was in arrears of rent for more than three months and had failed to pay the same to the landlord within one month of the service upon him of a notice of demand as required by Section 3(1)(a) of the U.P. (Temporary) Control of Rent and Eviction Act. While the suit was pending the opposite party tenant deposited rent in the Court of Munsif u/s 7C of the Act. The applicant landlord did not accept the rent and thereupon the learned Munsif passed the order reproduced above. The proceedings u/s 7C were different from the suit which had been filed earlier for arrears of rent and ejectment. The landlord has come in revision aggrieved by the order of the learned Munsif passed u/s 7C. He apprehends that the deposit of rent u/s 7C may prejudice his suit filed earlier. 2. Sub-section (6) of Section 7C lays down that in any case where a deposit has been made, as aforesaid, it shall be deemed that the rent has been duly paid by the tenant to the landlord. The learned Counsel contends that by the deposit a presumption will be drawn that the rent had been duly paid and it will adversely affect his right to maintain the suit. 3. u/s 7C the Munsif is not required to determine the rights and obligations of the landlord and tenant. All that he has to do on deposit of rent u/s 7C is to issue a notice to the landlord informing him that such deposit has been made. It is then open to the landlord to accept the amount or not to accept it. The Munsif has to hold the amount in deposit for the benefit of the person who may be entitled to the same. He has nothing to do further. He has nothing to do under Sub-section (6). It is then open to the landlord to accept the amount or not to accept it. The Munsif has to hold the amount in deposit for the benefit of the person who may be entitled to the same. He has nothing to do further. He has nothing to do under Sub-section (6). This Sub-section operates by itself and if the deposit has been lawfully made, the rent shall be deemed to have been duly paid by the tenant to the landlord. Sub-section (1) of Section 7C gives the right to a tenant to deposit rent when a landlord refuses to accept any rent lawfully paid to him by the tenant. A tenant may allege that the landlord has refused to accept any rent lawfully paid to him and may deposit it but the section itself does not require the Munsif to go into the question whether the landlord refuses to accept the rent lawfully or otherwise. This question is a question of fact to be determined in appropriate proceedings and if and when the question of refusal by the landlord of rent, lawfully pawl to him arises and it has been held that the deposit was made of any rent which the landlord had unlawfully refused to accept, the provisions of Sub-section (6) will apply. 4. In this case a suit for ejectment and arrears of rent is already pending. The appropriate proceeding in which the question can be agitated would be the suit pending in the Munsif's Court. It will be for the Munsif to determine in the suit whether the landlord has refused to accept any rent lawfully paid to him and what is the effect of deposit of the rent u/s 7C. All these questions can well be determined by the learned Munsif in the suit. Because no matter has been decided by the learned Munsif in the proceedings u/s 7C the order passed by him in those proceedings cannot be set aside in this revision because there is nothing to be set aside. 5. In the result I do not find any force in this application for revision and dismiss it with costs.