- (1.) Heard learned Standing Counsel for revisionists and perused the record.
(2.) This revision has been preferred under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as "Act, 1887") aggrieved by judgment and decree dated 9.4.2001 passed by Additional District Judge/Judge, Small Causes Court, Mathura decreeing S.C.C. Suit No. 1 of 1998 instituted by respondent for eviction and recovery of arrears of rent and mesne profits etc.
(3.) Counsel for revisionists contended that entire rent was deposited on the first date of hearing before the Court below in order to claim benefit under Section 20 (4) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") except the water tax. However, he could not dispute that "water tax" form part of rent and once it is admitted that the amount of water tax was not deposited, it cannot be said that entire rent was deposited on the first date of hearing.;