CHAMAN LAL Vs. RAJ KUMAR SACHDEVA

JUDGEMENT

(1.) THIS revision has been filed by the plaintiff/landlord under Section 25 of Provincial Small Cause Courts Act, 1887, challenging the judgment and decree dated 20-0/-2000 passed in S. C. C. suit No. 04 of 1997 by Judge, Small Cause Court/district Judge, Nainital, whereby the plaintiff's suit has been dismissed with costs.

(2.) I heard learned counsel for the parties and perused the record.

(3.) BEFORE further discussions, it is pertinent to mention here the relevant provisions of law applicable to the case. Sub-section 2 (a) and sub-section (4) of Section 20 of U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972 (U. P. Act No. 13 of 1972) reads as under : " (2) A suit for eviction of a tenant from a building after the determina tion of the tenancy may be instituted on one or more of the following grounds, namely: (a) that the tenant is in arrears of rent for not less than four months, and has failed to pay the same to the land lord within one month from the date of service upon him of a notice of demand. . . (4) In any suit for eviction on the ground mentioned in clause (a) of sub-section (2), if at the first hearing of the suit the tenant unconditionally pays or tenders to the landlord or deposits in Court the entire amount of rent and damages for use and occupation of the building due from him (such damages for use and occupa tion of being calculated at the same rate as rent) together with interest thereon at the rate of nine per cent per annum and the landlord's costs of the suit in respect thereof, after deducting therefrom any amount al ready deposited by the tenant under sub-section (1) of Section 30, the Court may, in lieu of passing a de cree for eviction on that ground, pass an order relieving the tenant against his liability for eviction on that, ground. Provided that nothing in this sub-sec tion shall apply in relation to a ten ant who or any member of whose family has built or has Otherwise ac quired in a vacant state, or has got vacated after acquisition, any residen tial building in the same city, munici pality, notified area or town area. Explanation - For the purposes of this sub-section:- (a) the expression 'first hearing' means the first date for any step or proceeding mentioned in the sum mons served on the defendant; (b) the expression 'cost of the suit' includes one-half of the amount of counsel's fee taxable for a contested suit. "