VIJAY ARORA Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) This is the landlord's revision filed under Section 25 of Provincial Small Cause Court Act. Landlord suit for rent and eviction against the tenant/respondent has been dismissed on the ground that the premises in question comes within purview of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act No. 13 of 1972'), whereas the case of the landlords was that his building is outside the purview of Act No. 13 of 1972.

(2.) The case of the revisionist before this Court in the present revision is that the evidence which he had placed before the trial court, which were documents i.e.

(3.) In view thereof, the matter is remanded to the trial court, who shall look into the matter afresh examining all the evidence, including the evidence which shall be given afresh and thereafter give its finding as to whether the disputed premises in question comes within the purview of Act No. 13 of 1972 or not. It is further made clear that this Court has not made any determination, therefore any remarks here shall not be constituted as such. The court shall examine the case on its own merit and on the strength of evidence which shall be presented before it. During the pendency of the proceedings the tenant/respondent shall submit the application regarding deposit of rent before the trial court which shall be considered by the trial court in accordance with law.