Court No. - 7 Case :- WRIT - A No. - 26124 of 2010 Petitioner :- Sri Parasnath Virajman Mandir Respondent :- Ram Niwas Petitioner Counsel :- Ashish Agrawal Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and perused the record.
This petition by the landlord is directed against concurrent orders
dated 15.11.2008 and 5.2.2010 by which the courts below have
allowed the respondent tenant to deposit rent under Section 30(1) of
U.P. Act No. 13 of 1972.
It is apparent from the revisional order that the status of the
respondent as a tenant has not been decided and the observation that
the petitioner has failed to prove that it was a public religious institution
would not be binding on the court trying a suit on the regular side and
therefore, the alleged tenant would not be benefited by mere deposit of
rent.
Subject to the aforesaid observation, no case for interference is made
out at this stage. Rejected.
Order Date :- 10.5.2010
AK