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Issues: Whether the date fixed for appearance in the summons was the "first hearing" of the application for ejectment under section 13 of the East Punjab Urban Rent Restriction Act, 1949, so that failure to tender rent, interest and costs on that date rendered the tenant liable to eviction.
Analysis: The expression "first hearing" was construed as the stage when the court applies its mind to the application and the proceeding is taken up for hearing, ordinarily after appearance, filing of written statement and settlement of issues. The returnable date fixed for appearance alone was held not to be the first hearing. The Court also applied the principle that rent control legislation is beneficial and should receive a construction that furthers tenant protection. On the facts, costs had not been assessed on the returnable date, and the tenant deposited the arrears, interest and assessed costs on the next date when the matter was actually taken up.
Conclusion: The tender made on the next date was valid, the returnable date was not the first hearing, and the tenant was not liable for eviction on the alleged default.
Ratio Decidendi: For the purpose of section 13 of the East Punjab Urban Rent Restriction Act, 1949, "first hearing" means the date when the court actually begins hearing the matter and applies its mind to it, not merely the date fixed for the tenant's appearance.
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