FAKIR CHANDRA AGRAWAL Vs. SURESH CHANDRA AGRAWAL

JUDGEMENT

(1.) Heard Sri Pramod Kumar Jain, Senior Advocate, assisted by Amitabh Agarwal, Advocate, for the petitioner and Sri R.K. Jain, Senior Advocate, assisted by Deeva Siddiqui, Advocate, for the respondent. The Writ Petition is directed against the judgment dated 25.5.2002 passed by Revisional Court, i.e. IVth Additional District Judge in S.C.C. Revision No. 57 of 1998, filed by respondent-tenant, setting aside Trial Court's order dated 16.10.1998 on the ground that the shop in question was constructed before 1970 and, therefore, U.P. Urban Buildings (Regulations of Letting Rent & Eviction) Act, 1972 (hereinafter referred to as "Act No. 13 of 1972") would apply to the premises in question, and, hence, suit for ejectment and recovery of rent was liable to be dismissed which was filed on the pleading that Act No. 13 of 1972 had no application.

(2.) It appears that initially an interim order was passed by this Court on 29.8.2006 where against the matter was taken before the Apex Court in S.L.P. (Civil) No. 2467 of 2007 and the Apex Court vide order dated 31.1.2007, while deferring interim order directed this Court to decide the writ petition itself expeditiously. Unfortunately, since then more than five years have lapsed and this matter has come up before this Court now. However, I proceed to decide the matter finally.

(3.) Sri Pramod Kumar Jain, learned Senior Advocate, contended that the Trial Court clearly recorded its finding that the shop was constructed in 1972 and suit was filed on 12.8.1980, therefore by virtue of Section 2(2) of Act No. 13 of 1972, the Act was not applicable but the Revisional Court has committed error of law while recording findings otherwise which is not based on any evidence on record.