ASHOK KUMAR AND ORS. versus RISHI RAM AND ORS.

ASHOK KUMAR AND ORS. versus RISHI RAM AND ORS.

The 'first hearing' in Section 20(4) Explanation (a) is the date fixed by the court after opportunity to file written statement and when the court proposes to apply its mind to identify controversy; deposit of arrears on that date entitles tenant to statutory relief from eviction under Section 20(4).

Parties
Appellants/tenants: Ashok Kumar and Ors.; Respondents/landlords: Rishi Ram and Ors.
Jurisdiction
India
Judgment Date
08 July 2002
Procedural Posture
Civil Appeal / Final Appeal From Allahabad High Court Judgment in CMWP No. 10594 of 1985
Outcome
Appeal allowed; suit of landlords dismissed.
Legal Topics
Arrears of Rent, Eviction, First Hearing Definition, Benefit of Deposit Under Section 20(4)
Landlord Tenant Civil Procedure Arrears of Rent Eviction First Hearing Definition Benefit of Deposit Under Section 20(4)

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Parties

Ashok Kumar and Ors.

Appellants/tenants

Rishi Ram and Ors.

Respondents/landlords

Procedural Posture

Civil Appeal / Final Appeal From Allahabad High Court Judgment in CMWP No. 10594 of 1985

Legal Issues

  1. 1 Whether arrears of rent paid at first hearing within meaning of Section 20(4) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
  2. 2 Interpretation of 'first hearing' in Section 20(4) Explanation (a)

Ratio Decidendi

The 'first hearing' in Section 20(4) Explanation (a) is the date fixed by the court after opportunity to file written statement and when the court proposes to apply its mind to identify controversy; deposit of arrears on that date entitles tenant to statutory relief from eviction under Section 20(4).

Court Disposition

Appeal allowed; suit of landlords dismissed.

Orders

  • Order of High Court and IV Additional District Judge set aside.
  • Suit for eviction and arrears dismissed.