CHOTTI Vs. XIIITH ADDITIONAL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) This is the tenant's writ petition against the orders dated 22.8.1997 and 9.3.1998 passed by respondent Nos. 2 and 1 (Annexures-4 and 5 respectively) decreeing the suit of the landlord. Courts below have held that 22.2.1996 was the date mentioned in summon. It is the first date of hearing. No amount was deposited by this date. The Court further held that Rs. 600 was deposited on 25.9.1996 which is not only after first date of hearing but is also less than the amount calculated under Section 20 (4) of U.P. Urban Building (Regulation of Letting- Rent and Eviction) Act. 1972 (the Act for short). The suit is liable to be decreed. SUBMISSION OF THE PARTIES-POINTS FOR DETERMINATION

(2.) I have heard counsel for the parties. The counsel for the petitioner argued that 22.02.1996 was not the first date of hearing. The first date of hearing is the date on which the Court applies its mind and the Court applied its mind on 22.08.1997 the date when the Judgment was delivered and by that time, the entire amount was deposited. Following points arise for determination in this case. (i) What is the first date of hearing? (ii) Was the entire amount deposited on the first date of hearing? 1st Point--FIRST DATE OF HEARING

(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. Section 20 (2) (a) of the Act permits the landlord to file a suit 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 Act 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 cannot 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.