VIRENDRA KUMAR Vs. SANJIV KUMAR ALIAS SANJAI KUMAR

JUDGEMENT

(1.) Land lord/respondent filed suit for ejectment against tenant/ petitioner. The suit was registered as S.C.D. Suit No. 11 of 1994. The anchor sheet of landlord's claims was non applicability of U.P. Act No. 13 of 1972. J.S.C.C./Civil Judge (S.D.), Kairana, Muzaffar Nagar through judgment and decree dated 8.5.1998 dismissed the suit. The trial court held that the building was old and rent control Act was applicable thereupon. The trial Court took into consideration municipal assessment regarding assessment of house tax. Landlord/respondent filed a revision against the Judgment and decree passed by Trial Court being Civil Revision No. 59 of 1998. Additional District Judge, Court No. 7 Muzaffar Nagar allowed the revision by judgment and order dated 10.7.2003, set aside the judgment and decree passed by trial Court and decreed the suit of the landlord with cost. This will petition is directed against the aforesaid in judgment and order passed by revisional Court on 10.7.2003.

(2.) Heard learned Counsel for the parties.

(3.) Revisional Court solemnly placing reliance upon agreement entered into in between the parties at the time of starting of tenancy held that building was constructed in June 1986.