K.M.Dayal, J. - (1.) HEARD the learned counsel for the parties.
(2.) THE present petition has been filed against the revisional order dated 25-4-1980 decreeing the suit for ejectment of the petitioner and reversing the judgment of the Judge Small Causes. The brief facts of the case are that the plaintiff respondent no. 3 who was the landlord of the disputed accommodation filed a suit for ejectment of the petitioner from the disputed accommodation claiming arrears of rent, water-tax, damages and costs. The suit was filed on the basis of default under section 20 (2) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 hereinafter referred to as the Act. 20th July 1977 was the date fixed in the summons for filing the written statement. The defendant filed his written statement on 20th July 1977 and also deposited an amount of Rs. 1825/-under sub-section (4) of Section 20 of the Act claiming that he be relieved of ejectment. It was claimed that no amount of water-tax was payable in respect of the accommodation. There were other proceedings under Order XV Rule 5 CPC and ultimately the case came up for hearing before the Judge Small Causes. The Judge Small Causes dismissed the suit for ejectment and recovery of water-tax claimed by the plaintiff. The plaintiff had claimed Rs. 466/20 p. as water-tax from 15-7-1972 to 28-2-1977.
(3.) THE Judge Small Cause Court held that the defendant, while depositing the amount in court, had complied with the provisions of sub-section (4) of Section 20 of the Act and consequently he could not be ejected. A revision was filed by the respondent no. 3 under section 25 of the Provincial Small Causes Courts Act. That revision has been allowed and the suit for ejectment as well as recovery of water-tax has been decreed.;