The timing of the deposit of rent and damages in relation to the first date of hearing determines the entitlement to the benefit of Section 20 (4) of U. P. Act No. 13 of 1972.

Tarun Agarwala, J.—The respondent Nos. 3 and 4 filed a suit for ejectment and for realization of rent and damages alleging that the petitioner was in arrears of rent since 1.1.1978 and that the water charges was also due against him from 1.10.1973. The respondents served a notice of demand for arrears of rent and also terminated the tenancy. Inspite of the service of the notice, neither the arrears of rent was paid nor the petitioner vacated the shop in question.

2. The Judge Small Cause Court issued summons fixing 26.5.1982. According to the petitioner, the said summons were duly received, but was not accompanied by a copy of the plaint nor any date was indicated in the summons for appearance. The petitioner, thereafter, made an enquiry and appeared on the next date, i.e., 21.7.1982 and moved an application indicating that he was not served with a copy of the plaint nor any date was indicated in the summons and, therefore, he could not appear earlier. The application of the petitioner was allowed and the respondent Nos. 3 and 4 were directed to supply a copy of the plaint. The Court fixed 27.8.1982 for filing the written statement. On 27.8.1982, the Presiding Officer was on leave and, accordingly, the case was adjourned for final disposal on 22.9.1982. On 22.9.1982, the petitioner moved an application seeking further time to file the written statement, which was not opposed. The said application was allowed by the Court and the next date fixed was 22.10.1982. The petitioner deposited the entire arrears of rent, damages, etc. as required under Section 20 (4) of U. P. Act No. 13 of 1972 on 22.10.1982. Thereafter, the petitioner moved an application stating therein that since he had deposited the entire amount of arrears of rent etc. on the first date of hearing, the benefit available under Section 20 (4) of the Act should be given to him and that he should be relieved from the liability of being ejected from the premises in question and the suit should be dismissed. This application was rejected by the Judge Small Cause Court vide an order dated 26.8.1983.

3. Aggrieved by the aforesaid order, the petitioner filed a revision under Section 25 of the U. P. Provincial Small Cause Courts Act. The revisional court by judgment dated 12.7.1984, rejected the revision.

4. Both the courts below held that the first date of hearing was 26.5.1982, which was the date fixed in the summons. Since the petitioner did not deposit the amount on the first date of hearing, the benefit available under Section 20 (4) could not be granted.

5. The petitioner-tenant has now filed the present writ petition. Heard Sri S.K. Shukla, the learned counsel for the petitioner and Sri P.K. Mishra, the learned counsel for the respondents.

6. The learned counsel for the petitioner submitted that the petitioner had deposited the entire amount on 22.10.1982, which was prior to the first date of hearing and, therefore, the deposit should be treated within time and the benefit available under Section 20 (4) of Act No. 13 of 1972 should be granted.

7. On the other hand, the learned counsel for the respondents contended that the first date of hearing was 26.5.1982, which was the date fixed in the summons. Alternatively, the first date of hearing would be 22.9.1982, which was the date fixed for final disposal of the case. The learned counsel for the respondents submitted that the arrears of the rent was neither deposited on 26.5.1982 nor deposited on 22.9.1982 and therefore, the deposit made on 22.10.1982 could not be treated to be a valid deposit on the first date of hearing.

8. The question that arises for consideration is, whether the petitioner is entitled to avail the benefit of Section 20 (4) of U. P. Act No. 13 of 1972. Section 20 (4) of the Act states 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 Cou