SHYAM LAL Vs. JANKI DAS

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the tenant petitioner challenges an order dated 17th July, 1996, passed by the 5th Additional District Judge, Jhansi, whereby he allowed the landlord's revision petition No. 130 of 1992, by setting aside the judgment and decree passed in S.C.C. Suit No. 56 of 1990 and remanded the matter to the trial Court for a fresh decision according to law. I have heard Sri B.N. Agarwal, learned Counsel for the petitioner, and Sri R.P. Tewari, learned Counsel for the landlord respondent.

(2.) THE landlord respondent No. 1 filed the aforesaid suit for ejectment of the tenant petitioner from a shop on the ground of default in payment of rent. Summons were issued to the petitioner fixing 17th December, 1990, on which date, he applied for grant of time to file a written statement. In the purported compliance of the provisions of sub -section (4) of Section 20 of the Act, the tenant petitioner deposited the amount of rent etc. on 15th April, 1991, and he filed his written statement on 15th May, 1991.

(3.) THE learned Counsel for the tenant petitioner contended that in view of the decision of the Hon'ble Supreme Court in Advaita Nand v. Judge, Small Causes Court, Meerut and others : 1995 (1) ARC 563, the first hearing under Section 20(4) of the Act means the date on which the Court proposes to apply its mind to determine the points in controversy between the parties to the suit and to frame issues, if necessary, and that a date fixed merely for filing a written statement cannot be the date for first hearing.