I. M. Quddusi, J. - (1.) This revision has been filed under Section 25 of the Provincial Small Causes Courts Act against the order dated 12.9.1994 passed by the Judge Small Causes Court (14th Additional District Judge) in Small Causes Suit Wo. 29 of 1991. Rameshwar Havelia v. U. P. Cooperative Bank Ltd., by means of which the learned court below passed order on the application of the revisionist (Application No. Ga 14) for providing benefit of Section 20 (4) of U. P. Urban Buildings (Regulation of Letting Rent and Eviction) Act. 1972 (U. P. Act. No. 13 of 1972) to the effect that the application shall be decided along with final decision of the case and allowing application (Ga 76) of the opposite party by which the opposite party has raised objection to the effect that the revisionist is not entitled to get the benefit of Section 20 (4) of U. P. Act No. 13 of 1972, on the ground that he has not deposited the entire amount, as also the water and house tax, and the deposits which was made under Section 30 were not made within the jurisdiction of Munsif (North) but was made in the Court of Munsif (South) who had no Jurisdiction to allow the benefits and as such the matter be disposed of with the final decision.
(2.) At the very outset, the provisions of Sections 20 (2) (a) and 20 (4) of U. P. Act 13 of 1972 are liable to be perused which re-quoted as under: "20 (2). A suit for eviction of a tenant from a building after the determination of his tenancy may be instituted on one or more of the following grounds, namely : (a) that the tenant Is in arrears of rent for not less than four months, and has failed to pay same to the landlord within one month from the date of service upon him of a notice of demand : Provided that in relation to a tenant who is a member of the armed forces of the Union and in whose favour the Prescribed Authority under the Indian Soldiers (Litigation) Act, 1925 (Act No. IV of 1925) has issued a certificate that he is serving under special condition within the meaning of Section 3 of the Act or where he has died by enemy action while so serving, then in relation to his heirs, the words "four months" in this clause shall be deemed to have been substituted by the words "one year". 20 (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 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 9 per cent per annum and the landlord's costs of the suit in respect thereof after deduction therefrom any amount already deposited by the tenant under sub-section (1) of Section 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 has built or has otherwise acquired in a vacant state, or has got vacated after acquisition, a residential building in the same city/Municipality, Notified Area or Town Area, Explanation-- For the purpose of this sub-section : (a) the expression "first hearing" means the first date for any step or proceeding mentioned in the summons served on the defendant ; (b) the expression "cost of the suit" Includes one half of the amount of the counsel's fee taxable for a contested suit."
(3.) Thus, the above provisions show that there are conditions to tender the amount by the tenant. These conditions are ; the amount should be tendered at the first hearing of the suit, it should be unconditioned, the entire amount of rent and damages for use and occupation of the building due from the tenant. 9 per cent interest thereon be paid in addition and costs of the suit. But the tenant on depositing the said amount may deduct the amount deposited under Section 30. If the tenant fulfils these conditions, the Court may, in lieu of passing a decree for eviction on that ground mentioned In Section 29 (2) (a), as quoted above, relieve the tenant from his liability for eviction.;