S. M. SHAHNAWAZ Vs. BACHCHU LAL

JUDGEMENT

(1.) Heard Sri K.K. Tiwari, learned counsel for the petitioner and Sri Mahesh Sharma, advocate holding brief of Sri G.S. Chauhan, learned counsel for the respondent.

(2.) Present petition has been filed with following relief;

(3.) Brief facts of the case are that petitioner has filed P.A. Case No. 2 of 2016 under the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"), which was allowed vide judgment and decree dtd. 21/12/2021. The said decree became final between the parties. Thereafter, petitioner has filed execution case being Civil Misc. Case No. 07 of 2022 before Civil Judge, Mauranipur, Jhansi to execute the judgment and decree dtd. 21/12/2021. Learned Civil Judge has rejected the execution case on the ground that New Rent Control Act i.e., Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as "Act, 2021") came w.e.f. 11/1/2021. Therefore, in light of Sec. 38 of Act, 2021, this Court has no jurisdiction to decide the case and accordingly, dismissed. Hence, present petition.