JUDGMENT S.D. Agarwal, J. - This is a petition under Article 226 of the Constitution of India, arising out of suit No. 648 of 1978 filed by Sri D.P. Kapoor against the petitioner for ejectment and arrears of rent. The suit was filed on the basis of default. The suit was decreed by the trial Court on 28.11.1979. Against the said judgment, a revision was filed. The same was dismissed on 6.8.1980 by the District Judge, Allahabad. The petitioner has now challenged the judgments, dated 28.11.1979 and 6.8.1980. 2. I have heard learned counsel for the parties. The sole contention of the petitioner is that 20th February, 1979 should have been taken as the first date of hearing and since the petitioner has deposited the entire amount as required by Section 20, sub-clause (4) of U.P. Act No. 13 of 1972, before that, no decree for eviction could have been passed. 3. It is not disputed that in the summons, the date fixed for the hearing of the suit was 18th January, 1979. Thereafter, it was adjourned from time to time and 20th February, 1979 had been fixed. It is also not disputed that on or before 18th January, 1979, the petitioner has not complied with the provisions of Section 20, sub-clause (4) of the Act. 4. in Sia Ram v. District Judge, Kheri, 1984(2) Rent Control Reporter 1 (FB), (1984) ARC Vol. I, 410 (FB) (CB), the Full Bench has taken the view of the Explanation to Section 20, sub-clause (4) which was inserted by U.P. Act No. 28 of 1979, the first date of hearing would be the first date for any step or proceeding mentioned in the summons served on the defendant. The principle laid down in the Full Bench decision of this Court fully applies to the present case. The date fixed in the summons for the hearing of the suit was 18th January, 1979. The first date of hearing, consequently, would be 18th January, 1979. In the circumstances, it cannot be said that the view taken by the Courts below was manifestly erroneous. 5. In the result, the petition fails and is accordingly dismissed. The interim order, dated 21st August, 1980, confirmed on 13.11.1980, is, hereby vacated. The parties are directed to bear their own costs. 6. The learned counsel for the petitioner prayed for time to vacate the premises. 5. In the result, the petition fails and is accordingly dismissed. The interim order, dated 21st August, 1980, confirmed on 13.11.1980, is, hereby vacated. The parties are directed to bear their own costs. 6. The learned counsel for the petitioner prayed for time to vacate the premises. In the interest of justice, I grant three months' time to the petitioner to vacate the premises provided he gives an undertaking in the trial Court with in month from today that he will vacate the premises immediately after the expiry of three months and hand over vacant possession of the premises to the landlord-respondent and further pays three months damages in advance and as well as the arrears of rent and damages, if any, due against him within the said month. If no undertaking is given and amount is not paid as directed, the landlord-respondent can get the decree executed forthwith.