RAGHUNATH SINGH Vs. DISTRICT JUDGE, ALLAHABAD

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India, arising out of suit No. 648 of 1978 filed by Sri D.P. Kapoor against the petitioner for ejectment and arrears of rent. The suit was filed on the basis of default. The suit was decreed by the trial Court on 28.11.1979. Against the said judgment, a revision was filed. The same was dismissed on 6.8.1980 by the District Judge, Allahabad. The petitioner has now challenged the judgments, dated 28.11.1979 and 6.8.1980.

(2.) I have heard learned counsel for the parties. The sole contention of the petitioner is that 20th February, 1979 should have been taken as the first date of hearing and since the petitioner has deposited the entire amount as required by Section 20, sub-clause (4) of U.P. Act No. 13 of 1972, before that, no decree for eviction could have been passed.

(3.) IN Sia Ram v. District Judge, Kheri, 1984(2) Rent Control Reporter 1 (FB), (1984) ARC Vol. I, 410 (FB) (CB), the Full Bench has taken the view of the Explanation to Section 20, sub-clause (4) which was inserted by U.P. Act No. 28 of 1979, the first date of hearing would be the first date for any step or proceeding mentioned in the summons served on the defendant. The principle laid down in the Full Bench decision of this Court fully applies to the present case. The date fixed in the summons for the hearing of the suit was 18th January, 1979. The first date of hearing, consequently, would be 18th January, 1979. In the circumstances, it cannot be said that the view taken by the Courts below was manifestly erroneous.