Vivek Kumar Birla, J. - (1.) Heard Ms. Tanisha J. Monir, learned counsel appearing for the petitioners and Sri Rahul Sahai, learned counsel appearing for the respondents.
(2.) Present writ petition has been filed with the following prayer: "i) call for the records of the case from the Court of the Additional District Judge, Court No. 1, Etah in SCC Revision No. 11 of 2012 - Manoj alias Rinku & Another Vs. Jay Prakash & Others and from the Court of the Civil Judge (Junior Division), Small Cause Court, Etah, in SCC Suit No. 12 of 1995 - Jay Prakash & Others Vs. Prabhu Dayal (deceased) represented through LRs and set aside the impugned judgment and decree dated 06.09.2017 passed by the Revisional Court (Annexure-16), and the impugned judgment and decree dated 29.09.2012 passed by the Trial Court (Annexure-11) respectively, reverse the same, and, may be pleased to dismiss the Plaintiff Respondent's suit; ii) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case; and iii) award costs in favour of petitioner."
(3.) A suit for rent and eviction was filed by the plaintiff against the defendant and a reference to bonafide need of the landlord was also mentioned in the plaint. The suit was contested by the tenant and several issues were framed. Relevant issue before this Court is as to whether the tenant is entitled for the benefit of Section 20 (4) of Act 13 of 1972 as according to the tenant the rent was deposited on 4.9.1997, which according to the tenant is the first date of hearing and on that date itself the written statement was filed. The issue was decided against the tenant holding that 4.9.1997 was not the first date of hearing in view of Explanation to Section 20 (4) of the Act and as such the deposit was not made on the first date of hearing. The revision filed by the tenant was also dismissed and finding on this issue was upheld noticing various dates and also the fact that whatever amount was deposited, the same was deposited in the name of Jagdish and not in the name of the plaintiffs.;