DHARAM SINGH Vs. BHARAT SINGH

JUDGEMENT

(1.) Heard Sri V.B.S. Negi, learned Counsel for the applicant and Sri H.M Raturi, learned Counsel for the opposite party.

(2.) By the aforesaid revision the applicant has prayed for setting aside the order dated 15th July 2004 by which the decree for eviction has bee passed in respect of shop situate at Tehri bypass motor road, District Tehri Garhwal.

(3.) Briefly stated the facts of the case are that a suit was filed by the plaintiff-respondent praying for the eviction of the defendant-applicant on the ground that the shop in dispute was constructed in the year 1991 and the suit having been filed within the period of 10. years i.e. in the year 1999 as such the provisions of the Act No. 13 of 1972 are not applicable to a the premises in dispute. It was further submitted by the plaintiff that the construction was raised in the year 1991 and thereafter exemption was extended for a period of 40 years and as such the provisions of Act No. 13 of 1972 are not applicable to the premises in dispute.