A.N. Verma, J. - (1.) THIS writ petition was allowed ex parte on merits by an order dated 9.11.1982. Subsequently upon an application moved on behalf of the respondent, the judgment and order dated 9.11.1982, were recalled and the writ petition was restored to its original number. Thereupon, both the parties argued the case on merits. The petition is now being disposed of on merits after hearing both the learned counsels for the parties. This is a plaintiff's petition directed against an order passed by the learned V Additional District Judge, Meerut, dated 12.10.1979, allowing a revision filed by the defendant (respondent No. 3 herein) under Section 25 of the Provincial Small Cause Courts Act and setting aside the decree passed by the trial court decreeing the petitioner's suit for ejectment as well as recovery of arrears of rent and damages.
(2.) THE suit was filed on the ground of default. The plaint allegations were that the defendant was plaintiff's tenant on a monthly rental of Rs. 50/ -. He did not pay any rent since 1.12.1975. Thereupon, a notice of demand was sent to the defendant under Section 20(2)(a) of the U.P. Act No. 13 of 1972 which was duly served on the defendant but he did not pay the arrears of rent. The suit was contested by the defendant who asserted that he had not committed any default and was hence not liable to be ejected.
(3.) THE defendant sought the benefit of Section 20(4) of the Act by making the deposit of the arrears of rent, costs and interests on 12.1.1978. The trial Court refused to give the benefit of that provision to the defendant on the ground that the defendant had not made the deposit on the date of the first hearing mentioned in the summons, namely, 29.11.1977. On the finding that defendant was in default, the suit of the petitioner was decreed both for ejectment as well as recovery of arrears of rent and damages for use and occupation, pendent lite and future.;