REGENT COMPUTRONICS PVT. LTD.

MANGAT RAM Appellant

V/S

Simbhawali Sugar Mills Limited Respondents

Referred Judgements :-

COMMANDANT,22ND BATTALION [REFERRED TO]
NIBARAN CHANDRA BAG VS. MAHENDRA NATH CHUGHUL DECEASED AFTER HIM HIS HEIR AND LEGAL REPRESENTATIVE [REFERRED TO]
RUKUMANAND BAIROLIYA VS. STATE OF BIHAR [REFERRED TO]
GUJARAT STEEL TUBES LIMITED VS. GUJARAT STEEL TUBES MAZDOOR SABHA [REFERRED TO]
LAXMIKANT REVCHAND BHOJWANI VS. PRATAPSING MOHANSINGH PARDESHI [REFERRED TO]
RELIANCE INDUSTRIES LIMITED VS. PRAVINBHAI JASBHAI PATEL [REFERRED TO]
PEPSI FOODS LIMITED VS. SPECIAL JUDICIAL MAGISTRATE [REFERRED TO]
RENA DREGO VS. LALCHAND SONI [REFERRED TO]
CHANDRABHUSHAN VS. BENI PRASAD [REFERRED TO]
SAVITA CHEMICALS PRIVATE LIMITED VS. DYES AND CHEMICAL WORKERS UNION [REFERRED TO]
SAVITRABAI BHAUSAHEB KEVATE VS. RAICHAND DHANRAJ LUNJA [REFERRED TO]
AJAIB SINGH VS. SIRHIND CO OPERATIVE MARKETING CUM PROCESSING SERVICE SOCIETY LIMITED [REFERRED TO]
UNION OF INDIA VS. HIMMAT SINGH CHAHAR [REFERRED TO]
MOHAN AMBA PRASAD AGNIHOTRI VS. BHASKAR BALWANT AHER DEAD [REFERRED TO]
STATE OF MAHARASHTRA VS. MILIND [REFERRED TO]
UNION OF INDIA VS. RAJENDRA PRABHU [REFERRED TO]
ESTRALLA RUBBER VS. DASS ESTATE PRIVATE LIMITED [REFERRED TO]
OUSEPH MATHAI VS. M ABDUL KHADIR [REFERRED TO]

JUDGEMENT

(1.) Heard Sri K.S. Rathor, learned counsel for the petitioner and Sri Murtaza Ali, Advocate for respondent.

(2.) The small cause suit for eviction was dismissed by Trial Court vide judgment and decree dated 28.08.2010 by relying on the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") without considering, whether Act, 1972 is applicable on building in dispute or not.

(3.) However, in Revision No. 116 of 2011 the Revisional Court has looked into the matter and found that building in dispute was not located in the area where Act, 1972 was applicable and that being so Act, 1972 was not at all applicable in the case, hence the decision given by Trial Court was clearly founded on total misconception and jurisdictional error. In the circumstances, the revision has been allowed by Additional District Judge, Hapur vide judgment dated 23.09.2014 and the matter has been remanded to Trial Court to decide suit afresh under common law and not by applying the provisions of Act, 1972.

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MANGAT RAM Vs. SIMBHAWALI SUGAR MILLS LIMITED

Referred Judgements :-

JUDGEMENT

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