RAJENDRA SHANKER SHAH Vs. SUNEETA DEVI

JUDGEMENT

(1.) The petitioners are the plaintiffs of SCC Suit No. 74 of 1989 that had been filed for ejectment of the defendants from the shop situated on the ground floor of building No.K-47/343, Bara Ramaganj, Bishesharganj, Varanasi and for recovery of arrears of rent. The said suit was decreed on 15th January, 1992 against which the defendants filed Revision No. 49 of 1992 which was allowed on 16th September, 2002 and the judgment and decree dated 15th January, 1992 was set aside. This petition has been filed by the plaintiffs for setting aside the judgment dated 16th September, 2002.

(2.) The dispute in this petition is whether the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the 'Act') is applicable to the building and this will depend on the date of completion of the construction of the building because Section 2(2) of the Act provides that the Act shall not apply to a building during the period of ten years from the date on which its construction is completed.

(3.) The Judge, Court of Small Causes decreed the suit filed in 1989 holding that the Act will not apply since the suit was filed within 10 years from the date of completion of the construction of the building on 15th April, 1983 but the Revisional Court set aside the decree holding that the Act will apply as the Suit was filed after ten years from the date of completion of the construction of the building on 1st April, 1976.