MUNDRI LAL Vs. SUSHILA RANI

JUDGEMENT

(1.) THIS revisional application is directed against the judgment and order dated 20th October, 1987 passed by Smt. Sadhana Chaudhary, XIIth Additional District Judge, Meerut in J.S.C.C. No. 4 of 1980 by which the suit filed by the opposite party for eviction from the property, in question, realization of arrears of rent and damages was decreed against the petitioner.

(2.) AS noted hereinearlier, the opposite party filed a suit for eviction from the suit premises, in question, for realization of arrears of rent and damages on the allegations that the petitioner was the tenant of the suit property on a monthly rent of Rs. 1600/- since 26th January, 1976. According to the opposite party, the suit property was constructed in the year 1975, but after new constructions, tax was imposed over it on 1st April, 1978 and, therefore, according to the opposite party, U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the U.P. Act No. 13 of 1972') was not applicable to the suit property, in question, and that the suit property was newly constructed property of the opposite party. Since the petitioner defaulted in payment of rent despite notice, the opposite party terminated the tenancy of the petitioner and filed the aforesaid suit for eviction, realization of arrears of rent and damages.

(3.) THE trial Court on consideration of the evidence and also on consideration of the petitioner's claim reached to a conclusion that the suit property, in question, was constructed on 1st April, 1978 and because of the fact that ten years from its construction were not completed sub-section (2) of Section 2 of the U.P. Act No. 13 of 1972 cannot be made applicable to the facts and circumstances of the case. On the aforesaid findings, being the findings of fact, the trial Court decreed the suit against which the present application under Section 25 of the Provincial Small Causes Court Act has been filed by the petitioner, which was heard in the presence of learned Counsel for the parties.