Sibghat Ullah Khan, J. - (1.) THIS is tenant's writ petition. Landlords -respondents 3 to 7 filed S.C.C. Suit No. 27 of 1976 against tenant -petitioner before J.S.C.C./Civil Judge, Mainpuri. In the suit relief of eviction on the ground of default and of recovery of arrears of rent was sought. Suit was decreed by J.S.C.C. through judgment and decree dated 27.8.1982. Against the said judgment and decree tenant -petitioner filed S.C.C. Revision No. 30 of 1983. First Additional District Judge, Mainpuri on 24.9.1986 dismissed the revision, hence this writ petition. Initially the suit was decreed ex parte against which tenant -petitioner filed restoration application, which was rejected. Petitioner filed revision against the said order, which was allowed on 3.11.1977. Against the said order landlord filed writ petition in this Court, which was dismissed. After the aforesaid judgment of the High Court the first date fixed in the suit was 23.10.1980. On the said date the tenant's Counsel on his personal ground sought adjournment and further time for filing written statement, which was granted and suit was adjourned to 27.11.1980. On 27.11.1980, the case was adjourned to 16.12.1980 on the tenant's application. On 16.12.1980 petitioner tenant submitted tender for depositing the entire rent etc. as required by section 20(4) of U.P. Act No. 13 of 1972 (hereinafter described as the "Act"). Tender was accepted and requisite amount was deposited on 18.12.1980. On 16.12.1980 the case had been adjourned to 14.1.1981 an thereafter to 5.2.1981. In para 16 of the writ petition it has been stated that written statement was filed on 14.1.1981/5.2.1981. This fact has not been denied in the counter -affidavit. In para 8 of the counter affidavit contends of paragraphs 6 to 9 of the writ petition have been admitted.
(2.) ACCORDING to the learned Counsel for the landlord -respondents 23.10.1980 must be taken to be the first date of hearing, which was adjourned on the application of tenant -petitioner. The next date i.e. 27.11.1980 was also adjourned on the application of the tenant -petitioner. I have held in K.K. Gupta v. A.D.J., 2004 (57) ALR 776, placing reliance upon five authorities of the Supreme Court that first date of hearing is the date on which Court proposes to apply its mind and is in a position to do the same i.e. apply the mind. It is immaterial as to whether actually mind is applied on the said date or not. I have further held in the said authority that unless written statement is filed Court is not in a position to apply the mind, hence if written statement is filed after permission being granted for the said purpose, then no date prior to the date on which written statement is filed and taken on record can be the date of first hearing. In the instant case, written statement was not filed before 14.1.1981. It was filed either on 14.1.1981 or 5.2.1981; hence no date prior to 14.1.1981 can be the date of first hearing. Admittedly, full amount, as required by section 20(4) of the Act, had been deposited on 18.12.1980 i.e. prior to filing of the written statement. In my opinion, therefore, the tenant was fully entitled to the benefit of section 20(4) of the Act.
(3.) THE view taken by both the Courts below that 21.10.1980 was the date on first hearing and as deposit was made thereafter i.e. on 18.12.1980, hence tenant was not entitled to the benefit of section 20(4) of the Act is erroneous in law. Accordingly, writ petition is allowed. Both the impugned orders are set aside and the suit of the landlords -respondents is dismissed. I have held in Khurshida v. A.D.J., 2004 (55) ALR 586, that while granting relief to the tenant against eviction in respect of a building covered by the U.P. Rent Control Act, Writ Court is empowered to enhance the rent to a reasonable extent. The property in dispute is a house having three rooms and a Varandah. The rent of Rs. 94/ - per month is highly inadequate. Accordingly, it is directed that with effect from October, 2005 onward petitioner shall pay rent to the landlords -respondents at the rate of Rs. 600/ - per month.;