SHAMSHER KHAN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This petition has been filed by the tenant for quashing the judgment and order dated 28.4.1997 and 5.8.1998 passed by the Judge Small 'Causes Court, Saharanpur and the District Judge, Saharanpur whereby the suit of the respondent landlord for recovery of arrears of rent and ejectment was decreed and the revision against the same filed by the tenant-petitioner was dismissed.

(2.) I have heard Sri Manoj Kumar Pandey learned Counsel for the petitioner and Sri P.K. Jain learned Counsel for the respondents.

(3.) The only question involved in the present petition is whether a short fall of a negligible amount in making the deposit while claiming benefit of Section 20 (4) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short referred to as the Act) could be ignored or it would be fatal for the tenant and will disentitle him claiming the protection from eviction.