NAND LAL @ NAND RAM Vs. RAJA RAM

JUDGEMENT

(1.) HEARD Sri K.K.Tripathi, learned counsel for petitioner and Sri M.D.Singh 'Shekhar', learned Senior Advocate, assisted by Sri Anil Kumar Srivastava, learned counsel appearing for respondents.

(2.) THIS writ petition has been filed for quashing the order dated 18.11.2009 (Annexure 17 to writ petition) and order dated 17.10.2006 (Annexure 10 to writ petition).

(3.) ON the other hand learned counsel for respondents submits that admittedly from perusal of the findings recorded in para 15 of the judgment recorded by the court below, a specific finding has been recorded that petitioner is not entitled to get benefit of Section 20 Sub Clause (4) of the Act as petitioner has not deposited on the first date of hearing the cost of suit and counsel fee, therefore, he is not entitled to get the benefit. The said fact has also been stated by petitioner himself in his statement that he has deposited rent from a particular date and there is no statement that he has deposited the total amount as required under the provision of the Act.