MAHESH CHANDRA SHARMA Vs. IIND ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) THIS is the tenant's writ petition against the order dated 12.08.1983 (Annexure -6 to the writ petition) passed by the IInd Addl. District Judge, Meerut, allowing the revision and the suit filed by the landlord.

(2.) THE trial Court by its order dated 3.2.1979 dismissed the suit on the ground that the tenant was always willing to deposit the entire amount as contemplated under Section 20(4) of the Act and this amount has been deposited, as such the tenant is entitled to its benefit. The landlord filed a revision. This revision has been allowed by the IInd Additional District Judge, Meerut, (Respondent No. 1) by the order dated 12.8.1983. The Revisional Court held that the date 3.8.1977 was the first date of hearing and on that date the entire amount as contemplated under Section 20(4) of the Act was not deposited; the tenant is not entitled to its benefit. Aggrieved by this order, the present writ petition has been filed.

(3.) THE Act prohibits the filing of suit for the eviction of a tenant except on the ground mentioned in Section 20(2) of the Act.4 Section 20(2)(a) of the Act permits the landlord to file for the eviction of a tenant if he is in arrears of rent for not less than four months. But Section 20(4) of the Act5 provides that if the tenant deposits the entire rent along with interest and the cost of the landlord in the suit then the decree for his eviction on this ground can not be passed. This has to be deposited in the Court on the first date of hearing. But what is the first date of hearing? This was subject matter of some debate before the Courts. The legislature inserted an explanation defining the word 'first date of hearing'. According to the explanation, it means the first date for any step or proceedings mentioned in the summons served on the tenant. The controversy even then did not end. The word 'first date of hearing' even after the explanation has been subject matter of discussion. Now it has been settled. 'First date of hearing' means the first date on which the Court proposes to apply its mind.6