Kailasam, J. - (1.) On November 8, 1977 when the hearing of the appeal was concluded we pronounced an order dismissing the appeal with costs stating that a reasoned judgment would follow. We now proceed to give our reasons.
(2.) This appeal by special leave is preferred by Khadi Gram UdoygTrust, the tenant against the judgment of the Allahabad High court passed in Civil Revision No. 2217 of 1975 directing its eviction. The respondent Shri Ram Chandraji Virajman Mandir, Sarsaiya Ghat, Kanpur, the owner of premises No. 49/4 General Ganj, Kanpur, served a notice on the appellant who was a tenant of a shop in the premises on a monthly rent of Rs. 200/- from 1958 demanding payment of arrears as well as to quit the premises. The notice was served on 9th July, 1973. Subsequently the respondent filed the suit No. O.S. 5 of 1973 before the District Judge, Kanpur, restricting its claim for recovery of arrears of rent from 1-5-1973 to 8-8-1873, for Rs. 3200/- as damages and Rs. 322.93 as water tax alleged to be already due and Rs. 50 as water tax tentatively due pendente lite and future water tax and for ejectment of the petitioner from the suit premises. In this suit the respondent relinquished his claim for rent for the period 1-1-1963 to 31-12-1970 as the relief was time-barred. The appellant paid the rent for the period 1-1-1971 to 30-4-1973 and thereafter respondent restricted his claim for the period 1-5-1973 to 8-8-1973. The appellant filed the written statement stating that he had paid the entire amount due. As the rent for the period 1-1-1963 to 31-12-1970 was barred by time, he pleaded that he was not a defaulter and was therefore not liable to be evicted from the suit premises. The appellant deposited a sum of Rs. 5972.43 in the court being the amount of rent and damages for the period 1-5-1973 to 28-2-1975 together with interest, cost etc. as required by Sec. 20 (4) of the U.P. Act 13 of 1972. The suit was transferred to court of 6th Addl. District Judge, Kanpur, who on 11-11-1975 decreed the suit of the respondent and directed the appellant to vacate the suit premises and ordered that the entire amount deposited by appellant in the court under Section 20 (4) of the Act shall be paid to the plaintiff-respondent. The appellant filed a revision petition under Section 25 of the Small Causes Courts Act in the High Court of Allahabad. The High Court dismissed the revision petition by its judgment and order dated 19-4-1977. The present appeal is filed by special leave granted by this Court.
(3.) The only contention raised in this appeal is that the appellant having complied with the requirement of Section 20 (4) of the Act and deposited the entire amount of rent due, the Court ought to have passed an order relieving the tenant against his liability for eviction on that ground. Chapter IV of the U.P. Urban Buildings (Regulation of letting, rent and eviction) Act XIII of 1972 prescribed the procedure for eviction of a tenant. While Section 20 (1) bars institution of suit for eviction of a tenant from a building, notwithstanding the determination of his tenancy by efflux of time or on the expiration of a notice to quit or in any other manner, sub-sec. (2) enables the landlord to file a suit on any one or more of the grounds mentioned in sub-sec. (2). We are concerned with sub-clause (a) of sub-sec. (2) which provides that a suit for eviction of a tenant from a building may be instituted on the ground that the tenant is in arrears of rent for not less than four months and has failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand. It is not disputed that several notices were served on the appellant and that he failed to pay the rent within one month from the date of the service of the notice of demand on him. Another opportunity for payment of rent is provided to the tenant under Section 20 (4) which provides that "In any suit for eviction on the ground mentioned in Cl. (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 together with interest thereon at the rate of 9 per cent per annum and the landlord"s costs of the suit in respect thereof, after deducting any amount already deposited by the tenant under sub-sec. (1) of Section 30, the court may, in lieu of passing a decree for eviction on that ground, pass on order relieving the tenant against his liability for eviction on the ground. Under this sub-section, therefore, though the tenant has not complied with the requirement of sub-section (2) of Section 20, if he pays at the first hearing of the suit unconditionally the entire amount of rent the court may pass an order relieving the tenant against his liability for eviction. In this case the appellant deposited on 13-2-1975 a sum of Rs. 5972.43 being the amount of rent and damages for the period 1-5-1973 to 28-2-1975 together with interest etc. The contention of the appellant is that, "entire amount of rent due" would be the rent that is recoverable and would not include the rent, the recovery for which is barred by time. According to the appellant the payment of entire amount of rent due would not include the rent for the period 1-1-1960 to 31-12-1970 as the claim is barred by time. The District Judge who tried the suit was of the view that the tenant ought to have deposited the time-barred arrears of rent also in order to claim benefit under Sec. 20 (4). The trial Court proceeded with the trial of the suit and found that the landlord had proved that tenant was in arrears of rent for not less than 4 months and had failed to pay the same to the landlord within one month for the date of service upon him of a notice of demand and as such satisfied the requirement of sub-section (2) of Section 20 and is entitled for order of eviction. In the revision the High Court affirmed the view taken by the trial Court and dismissed the appeal.;