BASU DEV SAHAI Vs. BRIJ MOHAN LAL

JUDGEMENT

(1.) THIS revision application by Defendant Basu Dev Sahai, is directed against the judgment of the IVth Additional District Judge, Pilibhit dated 21 -2 -1977, dismissing a revision application filed by him against the judgment and decree dated 4 -8 -1976 in Small Cause Court suit No 2 of 1974.

(2.) PLAINTIFF Brij Mohan Lal, claiming himself to be landlord of a shop filed suit No. 2 of 1974, in the court of Judge Small Cause Court, Pilibhit for ejectment of the Defendant therefrom as also for recovery of a sum of Rs. 337.70 paisa as arrears of rent, Rs. 1358/ -as arrears of mesne profits and pendente lite and future mesne profits at the rate of Rs. 25/ -per month.

(3.) AFTER the suit was filed, the Judge Small Cause Court, in the normal course, directed that summons be issued to the Defendant for 23 -4 -1974. The summons issued to the Defendant mentioned the date 23 -4 -1974 as the date fixed for filing the written statement and for framing issues. It did not state it to be the date fixed for final hearing, as is normally stated in such summons issued by court of Small Causes. On 23 -4 -1974 the Defendant appeared before the court and was granted time up to 24 -5 -1974 for filing his written statement. On 24th of May, 1974 the case was adjourned and the next date fixed was 4th of July, 1974. On that date, the Defendant deposited the entire amount as contemplated by Section 20 of U.P. Act No. 13 of 1972, and filed a written statement admitting that he was a tenant of the shop in dispute. He, however, alleged that neither was any valid notice served upon him nor did he commit any default in payment of rent. He claimed that as he had deposited the amount contemplated by Section 20 of U.P. Act 13 of 1972, he was entitled to be relieved of his liability to be evicted from the shop.