V.K.Khanna, J. - (1.) THIS writ petition has been filed by the Petitioner tenant against the decision of the IV Additional District Judge, Aligarh dismissing the Petitioner's revision filed against the decision of the Judge, Small Causes Court decreeing the Plaintiff's suit for ejectment and recovery of arrears of rent.
(2.) FOR the purpose of deciding the present writ petition certain relevant facts may be noticed. The Petitioner is admittedly tenant in the disputed premises. To the accommodation in dispute the provisions of U.P. Act No. 13 of 1972 were not applicable at the time of the filing of the suit and the provisions of the aforesaid Act became applicable during the pendency of the revision. As the suit against the Petitioner was filed on the ground of default of payment of rent, the Petitioner claimed benefit of Sections 39/40 of the Act. The revisional court held that entire amount which was to be deposited for claiming the benefit of Sections 39/40 of the Act had not been deposited by the Petitioner and thus he was not entitled to get the benefit.
(3.) IT may be stated that the learned Counsel for the Petitioner has not challenged before me the aforesaid findings recorded by the revisional court. The only point which has been pressed before me in this writ petition is that the Petitioner was entitled to get the benefit of Section 20(4) of the Act, as he had deposited the entire amount on the first date of hearing.;