S.U. Khan, J. - (1.) This is tenant's writ petition arising out of suit for eviction and recovery of arrears of rent instituted by landlord respondent Nos.3 and 4 Mohd Ghulam and Imam Jafar in the form of SCC Suit No. 83 of 1992.
(2.) The suit was filed on 26.5.1992 and was decreed ex-parte on 4.12.1992 by JSCC Moradabad. Thereafter restoration application was filed after complying with the provisions of section 17 of PSCC Act. The ex-parte decree was set-aside and suit was restored through order-dated 30.9.1994. On 25.10.1994, the case was adjourned to 14.11.94. On the said date there was strike of the advocates hence suit was adjourned to 20.12.1994. On the said date tenant petitioner filed written statement and deposited the entire amount of rent, interest and cost of the suit as required by section 20(4) of U.P. Act No.13 of 1972. However JSCC held that 14.11.1994 was the date of first hearing hence deposit made by the tenant was beyond first date of hearing and he was not entitled to the benefit of section 20(4) of the Act. JSCC, Moradabad therefore decreed the suit for eviction and recovery of arrears of rent on 21.12.96. Against the said judgment and decree, tenant petitioner filed SCC Revision NO. 3 of 1997. VII A.D.J Moradabad through judgment and order dated 8.1.1998 dismissed the revision hence this writ petition.
(3.) Rate of rent is Rs. 8/- per month. Property in dispute is a house situate in Moradabad.;