S.U.Khan, J. - (1.) List revised. No one appears for the respondent. Heard learned Counsel for the petitioner.
(2.) This is tenant's writ petition. Respondent Nos. 3 to 7, Satish and others filed SCC Suit No. 39 of 1979 against the original tenant petitioner. The suit was filed for eviction on the ground of default and for recovery of arrears of rent. The suit for both the reliefs was decreed by JSCC/Munsif, Ghaziabad through judgment and decree dated 4.5.1988. Against the said judgment and decree, tenant filed SCC Revision No. 84 of 1988. The revision was dismissed on 6.2.1998, hence this writ petition.
(3.) Written statement was filed on 7.9.1979 and entire arrears of rent due till then along with interest and cost of the suit were also deposited on the same date for claiming the benefit of Section 20(4) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, which is quote below : "20. Bar of suit for eviction of tenant except on specified grounds : (1) .............. (2) .............. (3) .............. (4) In any suit for eviction on the ground mentioned in clause (a) of subsection (2), if at the first hearing of the suit the tenant unconditionally pays or tenders to the landlord or deposits in Court the entire amount of rent and damages for use and occupation of the building due from him (such damages for use and occupation being calculated at the same rate as rent) together with interest thereon at the rate of nine per cent per annum and the landlord's costs of the suit in respect thereof, after deducting therefrom any amount already deposited by the tenant under sub-section (1) of Section 30, the Court may, in lieu of passing a decree for eviction on that ground, pass an order relieving the tenant against his liability for eviction on that ground : Provided that nothing in this sub-section shall apply in relation to a tenant who or any member of whose family has built or has otherwise acquired in a vacant state, or has got vacated after acquisition, any residential building in the same city, Municipality, notified area or town area. Explanation. - For the purposes of this sub-section : (a) the expression "first hearing" means the first date for any step or proceeding mentioned in the summons served on the defendant; (b) the expression 'cost of the suit' includes one-half of the amount of counsel's fee taxable for a contested suit.";