By his judgment dated October 14, 1993, the Judge, Small Causes Court, therefore, decreed the suit and passed an order for ejectment against the appellant.
Hence this appeal.
On May 2, 1990 the appellant deposited the entire amount of rent that was due and claimed protection from eviction under Section 20 4 of the Act.
The revision petition filed by the appellant against the said decree was dismissed by the Additional District and Sessions Judge, Meerut by judgment dated May 24, 1994 and the writ petition filed by the appellant was dismissed by the Allahabad High Court by judgment dated July 7, 1994.
The Judge, Small Causes Court, however, held that the appellant was number entitled to the benefit of Section 20 4 of the Act because the date of first hearing was April 27, 1990 and the arrears of rent were deposited on May 2, 1990 i.e. after April 27, 1990.
The appellant, therefore, moved an application before the Court on March 28, 1990 praying for supply of companyy of the plaint The said companyy was supplied to the appellant only on March 28, 1990 and on that day the companyrt passed an order directing that the written statement be filed within one month and July 24, 1990 was fixed as the date for final hearing of the case.
Summons were issued fixing March 20, 1990 as the date for filing the written statement and March 28, 1990 was the date fixed for final hearing of the case in the companyrt.
The said suit was filed in the companyrt of Judge, Small Causes Court, Meerut on January 9, 1990.
It appears that the companyy of the plaint was number annexed with the summons served on the appellant.
C. Agrawal, J. Leave granted.
This appeal by the tenant arises out of a suit for eviction filed by respondent No.
3 on the ground of default in payment of rent under the provisions of the U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 hereinafter referred to as the Act .
