NATHOO RAM SODHI Vs. DISTRICT JUDGE SHAHJAHANPUR

JUDGEMENT

(1.) THIS petition by a defendant tenant arises out of a suit filed by the plaintiff respondent No. 3 praying for a decree of ejectment of the petitioner from the premises in dispute and for the recovery of mesne profits peadente-lite and future at the rate of 125/- per month, which suit had been decreed by the Judge Small Cause Courts, Shahjahanpur and this decree was affirmed in revision by the respondent No 1.

(2.) ACCORDING to the plain allegations, the building in question had been newly constructed in the year 1976 and had been let out to the tenant in the same year for being utilised for business purposes at the rent of Rs 125/- per month. It was asserted by the plaintiff that the premises In dispute did not fall within the preview of U. P. Urban Building Regulations of Letting and Eviction Act, 1972 and stood exempted from the operation of the said Act on account of the said building having been constructed in the year 1976. Inspite of the service of the notice, terminating the tenancy, the defendant had not vacated the premises in dispute, hence the suit.

(3.) THE decree passed by the trial court was challenged by the petitioner In revision under section 25 of the Provincial Small Cause Courts Act before the regional Court THE revisional Court in its turn upheld the findings recorded by the trial court and dismissed the revision.