BALA DEVI Vs. VII ADDITIONAL DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) THE only question in this Petition is whether deposit made by tenant on 11th April, 1978 was the first date of hearing so as to save opposite party from liability of eviction under Section 20 of U.P. Act XIII of 1972.

(2.) SUIT was filed on 4th October, 1976. On 20th January, 1978 summons were sent to opposite party by registered post for appearance on 7th February, 1978. As summons were not received back, Court directed to wait for it till 17th February, 1978. The time was extended again and the case was ultimately fixed on 28th February, 1978. On this date one Jhoolu, who is said to be brother of opposite party, moved an application praying that time may be granted for filing written statement. The application was allowed on payment of Rs. 10/ - as cost and the case was fixed on 11th April, 1978. As stated earlier on this date the tenant deposited the entire amount. It is not disputed that the amount deposited was as contemplated in Sub -section (4) of Section 20 of the Act. The only dispute was -whether it was first date of hearing or not. According to trial Court the first date of hearing was 28th February, 1978 whereas according to revising authority it was 11th April, 1978.

(3.) LEARNED Counsel for Petitioner relied on Babu Ram Gupta v. Daya Shanker, 1982 All RC 161, in support of the submission that first date of hearing does not change and urged that even when ex -parte decree was set aside the Court held the date mentioned in the summons for appearance as the first date of service. This decision is of no help to Petitioner as the Defendant had put in appearance and no defect was found in service.