REGENT COMPUTRONICS PVT. LTD.

MADAN MOHAN SHARMA Appellant

V/S

Ashok Kumar Kaushik Respondents

Referred Judgements :-

EAST END DWELLINGS CO. LTD.VS. FINSBURG BOROUGH COUNCIL [REFERRED TO]
LORD PRESIDENT COOPER IN FERGUSON V. MCMILLAN [REFERRED TO]
HIRDAY NARAIN SINGH AND ANOTHER VS. MALOO LAL SRIVASTAVA [REFERRED TO]
KAILASH CHANDRA VS. RAM NARESH [REFERRED TO]
VISCOUNT SIMONDS IN BARCLAYS BANK V. I.R.C. [REFERRED TO]
OM PRAKASH GUPTA V. D. 1. G. VIJENDRA PAL GUPTA [REFERRED TO]
STATE OF TRAVANCORECOCHIN VS. SHANMUGHA VILAS CASHEWNUT FACTORY [REFERRED TO]
OM PRAKASH GUPTA V. DIGVIJENDRA SINGH [REFERRED TO]
RAJESHWAR DAYAL VS. VITH ADDL. DISTRICT JUDGE,MUZAFFARNAGAR AND OTHERS [REFERRED TO]
COMMISSIONER OF INCOME TAX DELHI VS. S TEJA SINGH [REFERRED TO]
ADMINISTRATOR MUNICIPAL CORPORATION BILASPUR VS. DATTATRAYA DAHANKAR ADVOCATE [REFERRED TO]
SURESH KUMAR JAIN VS. SHANTI SWARUP JAIN [REFERRED TO]
SALEEM VS. DISTRICT JUDGE MUZAFFARNAGAR [REFERRED TO]
SALEEM VS. DISTRICT JUDGE MUZAFFARNAGAR [REFERRED TO]
ALI M K VS. STATE OF KERALA [REFERRED TO]
SUDHA RANI GARH VS. JAGDISH KUMAR [REFERRED TO]
SAMUNDRI DEVI VS. NAND KISHORE MARWAH [REFERRED TO]
RAM SANEHI VS. IIIRD ADDITIONAL DISTRICT JUDGE ETAH [REFERRED TO]
RAJ KUMAR SHARMA VS. DISTRICT JUDGE HARIDWAR [REFERRED TO]
LAXMAN PRASAD VS. VTH ADDITIONAL DISTRICT JUDGE BALLIA [REFERRED TO]
HANUMANT LAL TRIPATHI VS. ADDITIONAL DISTRICT JUDGE SHAHJAHANPUR [REFERRED TO]
KAILASH CHAND SINGHAL VS. KRISHNA JANAM ASTHAN MATHURA [REFERRED TO]
RIYAJ FATMA VS. SPECIAL JUDGE ADDITIONAL DISTRICT JUDGE [REFERRED TO]
COMMR OF INCOME-TAX, BOMBAY PRESIDENCY VS. BOMBAY TRUST CORPORATION [REFERRED TO]
FAKIR CHAND JATAV VS. SURENDRA KUMAR GUPTA [REFERRED TO]
P.K. CHAKRAVARTY VS. XTH ADDL. DISTRICT AND SESSIONS JUDGE [REFERRED TO]
YOGESH KUMAR VS. AJAY LUTHRA [REFERRED TO]

JUDGEMENT

(1.) Heard Sri P.K. Jain, learned Senior Advocate for the petitioner and Sri Vishal Tandon, learned counsel for the respondent. This writ petition is directed against the order dated 28.5.2003 (Annexure-7 to the writ petition) passed by Additional District Judge, Court No. 7, Muzaffar Nagar allowing respondent-tenant's revision and setting aside Trial Court's judgment dated 12.10.1998, whereby petitioner's suit was decreed by Trial Court. The Revisional Court has remanded the matter to Trial Court.

(2.) The dispute relates to a shop of which petitioner is landlord and it was in the tenancy of respondent, Ashok Kumar Kaushik on a monthly rent of Rs. 600/- including water tax. The case set up by petitioner is that it was a new shop constructed in 1985 and onwards and first assessed by local municipal board for house tax in 1991, i.e., w.e.f. 1.4.1991. Accordingly it was a new construction which was completed in 1991 in terms of Section 2(2) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972"), therefore, Act, 1972 was not attracted to the shop in question when landlord filed SCC Suit No. 71 of 1991 after determining tenancy of respondent by notice dated 11.4.1991. It was pleaded that the map for construction of shop in question was submitted with Nagar Palika, Shamli on 20.5.1985 and it was registered in the municipal record for assessment of house tax w.e.f. 1.4.1991 though otherwise civil construction was over in 1988.

(3.) This suit was contested by respondent-tenant on the ground that shop is an old one and governed by the provisions of Act, 1972.

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MADAN MOHAN SHARMA Vs. ASHOK KUMAR KAUSHIK

Referred Judgements :-

JUDGEMENT

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