ANWAR KHAN Vs. IST ADDITIONAL DISTRICT JUDGE ETAH

JUDGEMENT

(1.) A suit for ejectment and arrears of rent was filed by the plaintiff-respondent No. 3 against the petitioner which was decreed by the trial Court and the decree was affirmed in revision. Aggrieved by those orders the petitioner-tenant has filed this writ petition.

(2.) THE suit was brought on the allegations that the plaintiff was the owner of the shop in dispute which was constructed in December, 1966, and in respect which the first assessment was made by the Nagar Palika, Etah in October, 1970. The defendant was in arrears of rent at the rate of Rs. 30/- per month and was liable to ejectment. The plaint case too was that the building had been contemplated in the eye of law in October, 1970 and consequently the provisions of the U.P. Act No. 13 of 1972 were not applicable. In these circumstances the plaintiff filed the suit merely after giving notice to defendant.

(3.) SUB -section (2) of Section 2 of the aforesaid Act provides :