- (1.) HEARD learned Counsel for the parties.
(2.) THIS is tenant's writ petition arising out of suit for eviction instituted against him by landlords-respondents 2 and 3 Rajesh Kumar Kaushik and another in the form of S. C. C. Suit No. 5 of 1988. J. S. C. C. /iind Munsif, Bulandshahar dismissed the suit on 28 1. 1992. Against the said judgment and decree landlords-respondent filed S. C. C. Revision No. 20 of 1991 which was allowed by VIIIth Additional District Judge, Bulandshahar on 4. 3. 1991, judgment and decree passed by the Trial Court was set aside and plaintiff's suit for eviction and recovery of arrears of rent was decreed. Revisional Court allowed the revision on 28. 1. 1992 which judgment and order has been challenged through this writ petition.
(3.) TENANCY was entered into through a registered agreement (rent deed) dated 8. 6. 1978 according to which the period of lease was ten years. The ground of eviction taken in the plaint was of default in payment of rent as provided under section 20 (2) (a) Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. There is absolutely no dispute that on the first date of hearing tenant deposited the entire arrears of rent alongwith interest and cost of the suit. By virtue of section 20 (4) of the Act if the tenant on the first date of hearing of the suit deposits entire arrears of rent alongwith interest and cost of the suit then decree of eviction on the ground of default may not be passed. The Trial Court dismissed the suit on the ground that the tenant had complied with the provisions of section 20 (4) of the Act. However, the Revisional Court decreed the suit on the ground that it had been agreed between the parties that tenancy would be for ten years only hence after ten years tenant was liable to eviction irrespective of any ground mentioned under section 20 (2) of the Act. Revisional Court held that the case was covered by proviso to section 20 (1) of the Act. Section 20 (1) and (2) are quoted below :- 20 (1) : Save as provided in sub-section (2) no suit shall be instituted for the eviction of a tenant from a building, notwithstanding the determination of his tenancy by efflux of time or on the expiration of a notice to quit or in any other manner : provided that nothing in this sub-section shall bar a suit for the eviction of a tenant on the determination of his tenancy by efflux of time where the tenancy for a fixed term was entered into by or in pursuance of a compromise or adjustment arrived at with reference to a suit, appeal, revision or execution proceeding, which is either recorded in Court or otherwise reduced to writing and signed by the tenant. (2) A suit for the eviction for a tenant from a building after the determination of his tenancy may be instituted on one or more of the following grounds, namely: (a) to (g ). . . . . . . . . . . . . . . . . . . . not relevant hence not quoted. ;