C.P. MANDAL Vs. RAM PRAKASH SHARMA

JUDGEMENT

(1.) The two writ petitions before this Court being WPMS No. 96 of 2012 and WPMS No. 97 of 2012 arise out of a proceedings in a SCC Suit Nos. 9 of 2007 and 10 of 2010 whereby the Judge SCC/Civil Judge (S.D.), Haridwar dismissed the suit of the petitioner/landlord vide judgments and orders dated 14.09.2010. Aggrieved by the said order, the petitioner preferred a revision being SCC Revision Nos. 31 of 2010 and 32 of 2010, which was ultimately dismissed vide orders dated 17.10.2011. Hence these present writ petitions before this Court. In the above revision before this Court being SCC Revision No. 6 of 2015, which has been filed by the tenant - C.P. Mandal against the judgment and order dated 10.12.2014 passed by the IInd Additional District Judge/Judge SCC, Haridwar in SCC Suit No. 14 of 2009 by which the revisionist was directed to vacate the possession of the shop in question.

(2.) The landlord in all the three cases is the same person, namely, Ram Prakash Sharma, though the tenants are different. Another factor which is common in all these cases are that the building is also the same although it is divided into various shops, which were then let out by the landlord to different tenants, who are also before this Court.

(3.) The petitioners in writ petition (WPMS Nos. 96 of 2012) being the landlord had filed the suit for eviction of his tenant in question to a shop. This was before the Judge SCC. The shop was let out to respondent - Ashwani Kumar Joshi. The preliminary question which was raised by the defendant/respondent was that the construction of the shop is prior to 26.04.1985 and consequently in view of the provision of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (from hereinafter referred to as "Act No. 13 of 1972") it is within the purview of Act No. 13 of 1972 and hence he cannot be evicted by means of institution of a suit, and proceedings can only be initiated against him on limited grounds under Act No. 13 of 1972. The same question was raised in another matter (WPSS No. 97 of 2012) filed by the landlord before the authority concerned (which is apart from the SCC Revision), where again the defence taken by the tenant was that the construction of the premises is prior to 26.04.1985 and hence it is within the purview of Act No. 13 of 1972 and the suit is not maintainable.