JITENDRA KUMAR Vs. VIKRAM PARMAR

JUDGEMENT

(1.) Heard counsel for the parties and perused the record. Plaintiff-respondent filed S.C.C. Suit No. 39 of 2002, Vikram Parmar v. Jitendra Kumar and others, in the Court of Judge Small Causes, Saharanpur for eviction of the petitioners on the ground of default in payment of rent. In the plaint it was averred that the provisions of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (hereinafter referred to as U.P. Act No. 13 of 1972) were not applicable as the property in question was assessed for the first time in the year 1996.

(2.) Defendants-Petitioners contested the aforesaid suit by filing written statement inter alia, that the property in question is an old construction which is proved from the fact that erstwhile landlord had also filed release application under Section 21(1)(a) of U.P. Act No. 13 of 1972 and had deposed before the court below that the shop in question is in tenancy for the last 15 years prior to 1984. Issue No. 2 regarding applicability of the provisions of U.P. Act No. 13 of 1972 was framed by the Court of Judge Small Causes, Saharanpur vide order dated 23.10.2010 holding that the provisions of U.P. Act No. 13 of 1972 are not applicable as the property was firstly subjected to assessment in the year 1986.

(3.) Aggrieved by the aforesaid order dated 23.10.2010, the petitioners preferred S.C.C. Revision No. 62 of 2010, Jitendra Kumar and another v. Vikram Parmar, in the Court of District Judge, Saharanpur.