2001 ALL. L. J. 2403 ::(2001) 2 All RentCas 251 ::2001 All CJ 2 1181 ::(2001) 44 All LR 409 ::(2001) 3 All WC 2033

Allahabad High Court

Hon'ble Judge(s): U. S. Tripathi , J

(A) Provincial Small Cause Courts Act (9 of 1887) , S.25— Findings of fact - Suit for eviction - Finding by trial Court that plaintiff alone was owner and landlord of property and nobody else - Statement of tenant admitting that he had no documentary evidence of payment of rent to anybody else except the plaintiff and also admitting that he had not paid rent to other alleged co-owners of plaintiff - Taken into consideration by trial Court while recording its finding - Held, @page-ALJ2404findings of fact were based on evidence on record and cannot be interfered with in revision. (Para 9) (B) U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (13 of 1972) , S.30(2)— Deposit of rent - Eviction suit - Arrears of rent - Findings of fact based on evidence that plaintiff alone was landlord - It can be thus concluded that there was no bona fide dispute regading landlordship - Deposit of rent in Court on that ground - Cannot be treated payment of rent to landlord in pursuance of notice of demand - Tenants liable to be evicted. (Para 15) .....