JUDGMENT

PATHAK, CJI. :— Special leave granted.

2. This tenants appeal by special leave arises out of a suit for ejectment and recovery of arrears of rent and damages.

3. The suit was brought by the respondents who claimed that a shop owned by them had been let to the appellant, that the appellant had fallen in arrears of rent from 1 February, 1968 and had not paid the arrears, notwithstanding a notice of demand dated 8 January, 1975 served on the appellant. The suit was decreed ex parte by the trial Court and the decree was set aside by the first Appellate Court. In Writ Petition before the High Court, it was urged on behalf of the appellant that the appellant had deposited the arrears of rent under sub-s. (4) of S. 20 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, and that therefore the Court should have made an order relieving the appellant against his liability for eviction on the ground of arrears of rent. The High Court noted that the suit was filed on 12 February, 1975 and as the appellant did not appear on 4 April, 1975, the day fixed in the summons, the suit proceeded ex parte and was decreed. The High Court also noticed that upon subseque