A.K.YOG,J. - (1.) SMT . Angoori Devi and Mahcndra Kumar (Respondent Nos. 2 and 3 in the present petition) after serving no! ice as required under law Annexurc 3 to the Writ Petition filed J.S.C.CSuitNo.483of 1982 for ejectment, arrears of rent, pendenie lite damages for use and occupation of a por ­tion of the ground floor of the premises Nos. 105 and 105/1 situate in Katra Sunaran, Farnikhahad (Agra) in the tenancy of Smt. Bhagvati Devi (Petitioner), at the rate of Rs. 32/ -pcr month. Details of the plaintiffs case can be had from the plaint copy of which has been filed as (Annexure 1 to the writ petition).
(2.) THE Defendant -tenant (Petitioner) contested the suit by filing written statement (Annexure2lo the writ petition). After parties had led evidence and were given opportunity to contest the suit on merit, Judge Small Causes Court (hereinafter called the trial Court) held that notice was legal and valid, but refused to grant relief to the plaintiff for eviction of the tenant and possession of the premises in question to be delivered to the Plaintiff. In view of the finding that tenant -Defen ­dant had made requisite deposits under Section 20(4), U.P. Urban Buildings I Regulation of Letting, Rent and Evic ­tion) Act, 1972, U.P. Act No. XIII of 1972 (for short called the Act), trial Court relieved the tenant from facing decree of ejectment. Trial Court, took the view that 'first hearing in the instant case, as con ­templated under Section 20(4) of the Act. could not be earlier than March 22, 1983, that Defendant had made deposits on 8th February, 1983 which satisfied requirements of Section 20(4) of the Act.
(3.) THE Plaintiff filed SCC Revision No. 3 of 1995 under Section 25, Provincial Small Causes Court Act and it has been allowed by Respondent No. 1 (IIIrd Additional District Judge, Agra) vide judgment and order dated 12th August, 1999 (An ­nexure 6 to the writ petition). As a conse ­quence of the Revisional judgment, the defendant -tenant was directed to hand over possession within thirty days of the accommodation in his tenancy.;