M.B.SHAH, J.JAGANNADHA RAO
Sudershan Devi – Appellant
Versus
Sushila Devi – Respondent
Judgment
M. Jagannadha Rao, J.-The appellants and the 2nd respondent are the legal representatives of the original tenant. The appeal is directed against the judgment of the High Court of Allahabad dated 1st February, 1994, dismissing the appellants’ writ petition bearing Civil Miscellaneous W.P. No. Nil of 1994 (Smt. Sudershan Malhotra & Ors. v. Addl. District Judge, Hardwar1). The 1st respondent under the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 13/72) (hereinafter called ‘the Act’) against the tenant. It was decreed by the trial Court on 27.3.1992 on the ground that the arrears of rent were not deposited on due date under Sections 20(4). Subsequently, the Small Causes Revision No. 12 of 1993 filed by the appellants was dismissed on 25.1.1994 by the revisional court. Later, the High Court dismissed the appellants’ writ petition. Thus, the decree for eviction was passed by the courts under Section 20(4) of the Act on the ground of non-deposit of the arrears of rent at the “the first hearing” of the case in the trial Court. The tenant’s legal representatives have come up in appeal.
2. The following are the relevant f
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