LAWS(ALL)-2023-5-168

AMIT GUPTA Vs. GULAB CHANDRA KANODIA

Decided On May 15, 2023
AMIT GUPTA Appellant
V/S
Gulab Chandra Kanodia Respondents

JUDGEMENT

(1.) Heard Sri Prakhar Tandon, learned counsel for the revision applicant in SCC Revision No. 158 of 2022 Saurabh Srivastava, learned counsel for the contesting respondent and Sri Ashish Kumar Singh, learned counsel for the revision applicant in SCC Revision (D) No. 48 of 2022.

(2.) Both these revision applications raise common question of law and hence being decided together by this common judgment and order.

(3.) In SCC Revision No. 158 of 2022, the revision applicant is aggrieved by the order passed by the Judge, Small Causes dtd. 23/9/2022 rejecting his application bearing no. 232-C, filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 questioning the maintainability of Small Cause Suit for recovery of arrears of rent and ejectment even after coming into force and for the provisions contained under U.P. Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as new Tenancy Act, 2021), which has come into force vide gazette notification w.e.f. 16/9/1972.