DURGA VIJAI SINGH Vs. SPECIAL JUDGE ARTHIK APARADH

JUDGEMENT

(1.) THE suit of the landlord respondent no. 3 for eviction of the petitioner and arrears of rent on the ground of default has been decreed by the Judge Small Causes Court by order dated 18-10-1985 and the revision under section 25 of the Provincial Small Causes Court Act filed by the tenant has also been dismissed by order dated 12-2-1990. THE aforesaid orders are impugned in the present writ petition filed by the tenant.

(2.) THE only ground on which the impugned orders have been attacked is the non-consideration of the deposits made under section 20 (4) of U. P. Act 13 of 1972, hereinafter referred to as the Act. THE courts below have held that the alleged deposits made under section 20 (4) of the Act would not enure to the benefit of the tenant as they were not deposited on the first date of hearing. THE learned counsel for the petitioner straneously argued before me that the first date of hearing which has been mentioned in the summons can not be treated as the first date of hearing as the copy of the plaint was not served along with the summons According to the learned counsel, the dates were adjourned from time to time and it was only on 25-11-82 that the proceedings in the suit were conducted when the deposits under 20 (4) were made. THE court below committed manifest error of law in not treating 25-11-1982 as the date of first hearing. THE aforesaid contention, when tested on the facts of the present case can not bear the scrutiny. After the summons were served, the petitioner moved an application on 20-12- 1980 for adjournment of the case as he was not served with the copy of the plaint. THE application was allowed and it was directed that the defendant be served with the copy of the plaint and the case was adjourned to 5-3-1981. THE case was taken up on 6-3-1981 as it was a holiday on 5-3-1981. THE petitioner was present and he again prayed for time to file the written statement. THE case was adjourned to 28-5-1981. On this date again the petitioner prayed for adjournment as he wanted to inspect certain documents. THE written statement was thereafter filed on 2-9-1982.