JAGDISH LAL Vs. RAMAN RAJWANSI

JUDGEMENT

(1.) Present Civil Revision has been filed by the revisionist against the order dated 20.05.2015 passed by learned 1st Additional District Judge, Dehradun in S.C.C. Suit No.55 of 2011, titled as Raman Rajwansi vs. Jagdish Lal, whereby the application (paper no.193C) filed by the defendant (revisionist herein) was dismissed on the ground that the same was not maintainable.

(2.) An application (paper no.193C) was moved by the defendant-revisionist before the court below with the prayer that since he (i.e. defendant) has paid the entire amount of rent and damages for the use and occupation of the property in question to the landlord in terms of Section 20 (4) of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act'), therefore, the S.C.C. suit be decided in terms thereof. Learned 1st Additional District Judge, Dehradun, vide order dated 20.05.2015, observed that the question, i.e., whether the defendant is entitled to get the benefit of Section 20 (4) of the Act, would be seen at the time of 'final hearing' of the case and consequently, the application filed by the defendant was held to be 'not maintainable' at that stage and was accordingly dismissed. It was also observed that since the proceeding in S.C.C. suit are summary proceedings, therefore, it was not necessary for the court below to have gone into the matter. Aggrieved against the same, the present Civil Revision has been preferred by the revisionist-defendant.

(3.) In order to settle the controversy involved in the present Civil Revision, it will be worthwhile to reproduce Section 20 (4) of the Act hereinbelow for convenience: