JUDGMENT

V. R. KRISHNA IYER, J.:— The short point raised in this appeal turns on the question as to when the first hearing of the suit arrives in the course of a case. Section 20 (4) of U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 runs thus :

"20 (4). In any suit for eviction on the ground mentioned in Cl. (a) of sub-s. (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 per cent per annum and the landlords costs of the suit in respect thereof, after deducting therefrom any amount already deposited by the tenant under sub-sec. (1) of S. 30, the Court may, in lieu of passing a decree for eviction on that ground, pass an order relieving the tenant against his liability for eviction on that ground :

Provided that nothing in this sub-section, shall apply in relation to a tenant who or any member of whose family hag built or has otherwise acquired in a vacant state, or has got