Rent – Deposit of arrears – Conditional deposit – Not justified in denying its benefit to the tenant only on the ground that the plea taken by him with regard to the rate of rent was found incorrect. (2023-1)209 PLR 444 (SC)

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Rent Act and Eviction – Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 20(4) – Rent – Deposit of arrears – Conditional deposit – Requisite amount was deposited before the first date of hearing before filing the written statement – Court held that said deposit not unconditional as in the written statement, the defendant pleaded the rate of rent as Rs.45/- per month, which, ultimately, was found to be Rs.150/- per month –  What is important is that the trial court recorded no finding that the amount deposited was short of the requisite amount or that it was not by or before the first date of hearing in the suit – Tenant was entitled to the benefit of the provision of sub-section (4) of Section 20 – Courts below were not justified in denying its benefit to the tenant only on the ground that the plea taken by him with regard to the rate of rent was found incorrect. Vijay Laxmi Gangal v. Mahendra Pratap Garg, (1985) 3 SCC 364 : AIR 1986 SC 753, relied.