MAHESH CHANDRA MAHAJAN Vs. HARISH CHANDRA NAGARIA

JUDGEMENT

(1.) -The present writ petition is directed against the judgment and order dated 21.5.2003 passed by the Additional District Judge, Court No. 2, Jhansi in SCC Revision No. 108 of 2000 whereby the order dated 28.9.2000 passed by the Judge, Small Causes, Jhansi in SCC Suit No. 53 of 1993 was set aside and the revision was allowed in favour of the respondent.

(2.) BRIEF facts of the case are as follows;

(3.) IT was submitted by the learned counsel for the petitioners that the first assessment was made in the year 1975 and the suit was instituted in the year 1993, and therefore the provisions of UP Act No. 13 of 1972 are very much applicable to the disputed premises. He further submitted that neither there is any pleadings nor there is any finding that the new construction was done after the complete demolition of the existing structure. IT is further submitted that the revisional Court has committed manifest error of law in reassessing and recording finding that the property in question is a new construction and the provisions of the Act are not applicable in the matter.