Shishir Kumar, J. - (1.) THIS is a tenant's petition for quashing the order -dated 25.3.1994 passed by respondent No. 3, Annexure 3 to the writ petition. The facts arising out of the present writ petition are that the petitioner is the tenant of a shop situate in Mohalla Holiwala, town Hasanpur, District Moradabad on a rent of Rs. 200/ - per month of which the respondent No. 1 is the landlord. A notice dated 25.3.1992 was served upon the petitioner under sections 106/112 of the Transfer of Property Act demanding the arrears of rent along with arrears of house tax, water tax and electricity charges. A suit was filed before the Judge Small Causes Court, Moradabad for the eviction of the petitioner on the ground of default in payment of arrears of rent. The suit was registered as Small Causes Suit No. 81 of 1992. The suit was filed on 22.5.1992, 6.8.1992 was fixed and notices were directed to be served on the petitioner. No notice was served on the petitioner on 6.8.1992. Then it was directed to take the steps fixing 21.9.1992. In spite of the aforesaid, no notice was served. On 21.9.1992 there was strike. Ultimately the case was ordered to be put up on 21.10.1992. On that date, the Court directed the plaintiff -respondent to take necessary steps for service of the notice and summons upon the petitioner through process server and fixed 1.12.1992. A notice was served on 1.12.1992 on the petitioner but along with the said notice and summons, no copies of the plaint and other documents were annexed. As such, on 1.12.1992 the petitioner submitted an application before respondent No. 2 to supply the copies of the plaint and other documents for the purposes of filing the written statement. Time was granted for 15 days and the date was fixed as 6.1.1993. Before 6.1.1993 the total arrears of rent was deposited by the petitioner.
(2.) THE Trial Court recorded a finding to this effect that the first date of hearing is to be treated as 6.1.1993 as admittedly, copies of the plaint and other documents were not annexed with the summons and time was granted by the Court for filing the written statement. A finding to this effect has also been recorded by the Trial Court that there is no dispute to this effect that the arrears of rent and other dues were deposited prior to 6.1.1993. Vide its judgment and order dated 14.1.1993, the Court of Judge, Small Causes has rejected the claim of the respondents and dismissed the same holding therein that 6.1.1993 was the first date of hearing and on that date, the Court had applied its mind, therefore, there is compliance of section 20(4) of the Act and petitioner cannot be ejected on the ground mentioned in the plaint.
(3.) AGGRIEVED by the aforesaid judgment and order the respondents filed a revision, which was numbered as Revision No. 10 of 1993. The Revisional Court without reversing the finding as to what is the first date of hearing and treating the date of first hearing as 15.12.1992 allowed the revision.;