JUDGMENT

S.C. AGRAWAL, J.-Leave granted.

2. This appeal by the tenant arises out of a suit for eviction filed by Respondent 3 on the ground of default in payment of rent under the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "the Act"). The said suit was filed in the court of Judge, Small Cause Court, Meerut on 9-1-1990. Summons were issued fixing 20-3-1990 as the date for filing the written statement and 28-3-1990 was the date fixed for final hearing of the case in the court. It appears that the copy of the plaint was not annexed with the summons served on the appellant. The appellant, therefore, moved an application before the court on 28-3-1990 praying for supply of copy of the plaint. The said copy was supplied to the appellant on 28-3-1990 itself and on that day the court passed an order directing that the written statement be filed within one month and 24-7-1990 was fixed as the date for final hearing of the case. On 2-5-1990 the appellant deposited the entire amount of rent that was due and claimed protection from eviction under Section 20(4) of the Act. The Judge, Small Cause Court, however, held that