RATAN LAL Vs. FIRST ADDL D J RAMPUR

JUDGEMENT

(1.) A. B. Srivastava, J. This is a tenant's petition against judgment and decree of the J. S. C. C. directing his ejectment and the revisional order of the Additional District Judge confirming the same.

(2.) THE respondent-landlord filed the ejectment suit on the plea that the shop in question along with other adjoining shops was constructed in the year 1985 and its first assessment was also made in the same year, hence Act 13 of 1972 is not applicable. THE petitioner is also in arrears of rent. THE tenancy has been determined by a notice under Section 106, T. P. Act which was refused.

(3.) HAVING heard the learned counsel for the petitioner, this revision is found to be without merit. The finding of the J. S. C. C. on the question of relationship of landlord and tenant, service of notice to quit, period of con struction and arrears of rent is based on proper appraisal of the evidence on record. The assessment record of 1979-80 relied on by the petitioner does not appear to relate to the premises in question, whereas the assessment record of 1985-86 filed by the respondent relates to this premises. In the absence by any oral evidence or document to show that this building was assessed prior to 1985, or constructed before 10 years computed from the date of institu tion of suit, within the meaning of Explanation I to Section 2 (2) of Act 13 of 1972 it was rightly held that 10 years of the construction of this building had not completed, and it was exempt from Act 13 of 1972 of the date of suit.