RAM GOPAL AND ANOTHER Vs. POORAN CHAND KANODIA

JUDGEMENT

(1.) This writ petition is directed against order about maintainability of suit, A revision preferred against said order was also dismissed. Brief facts of the case are that plaintiff filed a suit for eviction of the defendant from the land in suit after terminating his tenancy by way of notice on the ground that defendant who is a tenant of the land inspire of notice did not pay rent or vacated the premises, hence tenancy was terminated. Defendant in his written statement raised a question of jurisdiction on the ground that he constructed wooden Khokha with the permission of landlord. He is entitled to get protection of Sec. 29-A of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (hereinafter referred to as the Act) in the matter of eviction and the Act is applicable. The suit is not maintainable. Trial Court decided this issue in favour of plaintiff and held that the Act is not applicable and suit is maintainable.

(2.) Heard learned Counsel for petitioners and perused materials on record.

(3.) Learned Counsel for the petitioners urged that petitioners made wooden constructions with the permission of plaintiff and this wooden construction is building within the definition of the Act and that petitioners are entitled to get protection under Sec. 29-A of the Act. He also relied upon judgments in Anwar Ahmad Vs. IVth Additional District fudge, Saharanpur 1981 (U.P.) 1 RCC 452, and Ram Dularey Vs. D.D. Jain, 1965 ALJ 722, in support of his case that wooden Khokha is a wooden structure and is building for the purpose of the Act and urged that impugned order is liable to be quashed.