R.C.LAHOTI, BRIJESH KUMAR
Mam Chand Pal – Appellant
Versus
Shanti Agarwal – Respondent
JUDGMENT
Brijesh Kumar, J.-Leave granted.
2. Heard learned counsel for the parties. The main question involved and canvassed before us in this case is, as to whether or not the tenant -appellant had deposited the arrears of rent along with other amounts payable, in terms of Section 20(4) on the UP Urban Building (Regulation, Letting and Eviction Act 1972, (for short the Act ) on the date of first hearing so as to be absolved of the liability of eviction. It also leads to consideration of the question as to what is the meaning of the date of first hearing as envisaged under sub-section (4) of Section 20 of the Act which reads as under:
(4) In any suit for eviction on the ground mentioned in clause (a) of sub-section (2), if at the first hearing of the suit the tenant unconditionally pays or [tenders to the landlord or deposits in Court] the entire amount of rent and damages for use and occupation of the building due from him (such damages for use and occupation being calculated at the same rate as rent) together with interest thereon at the rate of nine percent per annum and the landlord s costs of the suit in respect thereof, after deducting therefrom any amount already deposited by
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