AIR 1982 SUPREME COURT 816 ::1982 ALL. L. J. 202 ::1980 UJ (SC) 725 ::(1981) All RentCas 1 ::1981 (3) SCC 667 ::(1980) All WC 395 ::1981 (1) RenCR 670 ::(1980) 2 RentLR 412 ::(1982) 1 SCJ 235 ::1981 (2) RenCJ 665 ::(1980) CurLJ(CCR) 357

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): V. R. Krishna Iyer, O. Chinnappa Reddy , JJ

(A) Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act (13 of 1972) , S.20(4)— "The first hearing of the suit" - Never earlier than date fixed for preliminary examination of parties - Deposit in treasury - Deposit relates back to date of presentation of challan Decision of Allahabad High Court, Reversed. Civil P.C. (5 of 1908) , O.10 R.1, O.14 R.1(5)— "The first hearing of the suit" is when, after the framing of issues, the suit is posted for trial, that is, production of evidence. The said expression is also to be found in O. 10, R. 1; O. 14, R. 1 (5) and O. 15, R. 1 of the C. P. C. These provisions indicate that "the first hearing of the suit" can never be earlier than the date fixed for the preliminary examination of the parties (O. 10 R. 1) and the settlement of issues (O. 14, R. 1 (5)). When actual deposit of rent by the tenant in proceedings for eviction against him is long prior to the framing of issues, it is well within time within S. 20 (4), Decision of Allahabad High Court, Reversed.(Para 3 4) When money is tendered before the Court, the chalan is passed by the ministerial officer and thereupon, the money is deposited in the treasury with the chalan, such deposit relates back to the date on which the tender was made or the chalan presented. AIR 1977 NOC....