NISAR ABBAS Vs. SALEEM AND OTHERS

JUDGEMENT

(1.) Heard Sri A.M. Zaidi, learned counsel for the petitioner and perused the record.

(2.) Petitioner's suit for ejectment on the ground of structural alteration under Sec. 20(2)(c) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") was dismissed by Trial Court vide judgment dated 02.04.2008 and the said judgment has been confirmed by Additional District Judge, Court No. 3, Bijnor by dismissing petitioner's Revision No. 09 of 2008 vide judgment dated 31.08.2012.

(3.) Learned counsel for the petitioner submitted that Act, 1972 is not applicable in the case in hand since property in dispute is situated in Village Mikarpur Khema alias Bukhara, District Bijnor but could not dispute the fact that as per the notification No. 7352/29-E-55-73 dated 30.04.1973 the remote areas within three kilo meters from the municipal limits would be such where Act, 1972 would apply. It is not stated anywhere that village in question is not within three kilo meters of municipal limit and it is not governed by notification dated 30.04.1973, which is a finding recorded by Revisional Court in para 13 of the judgment.