HARISH CHAND Vs. VTH ADDITIONAL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) S. U. Khan, J. List revised. No one has appeared for the tenant-respondent No. 2 Prem Chand.

(2.) THIS is landlord's writ petition arising out of suit for eviction and recovery of arrears of rent filed by him against tenant-respondent No. 2 Prem Chand in the form of SCC Suit No. 29 of 1986. Plaintiff- petitioner alleged that rate of rent was Rs. 110/- per month and tenant had not paid the rent since September, 1983. It was further alleged that shop in dispute was constructed in the year 1983, hence U. P. Act No. 13 of 1972 was not applicable thereupon. IInd Additional Civil Judge, Bulandshahr accepted all the pleas of the landlord and decreed the suit through judgment and decree dated 16-11-1989. Against the said judgment and decree tenant-respondent No. 2 filed SCC Revision No. 1/90. Revisional Court reversed the judgment and decree of the trial Court on almost every issue and allowed the revision, set aside the judgment and decreed passed by the trial Court and dismissed the suit.

(3.) IN my opinion when the fact that landlord had purchased the land in the year 1980 was not denied by the tenant, it was not necessary to file the sale-deed to prove the said fact. IN any case, before 1984 when tenant took the shop in dispute on rent, he could not have any specific information regarding date of construction of the shop. Tenant also did not file any municipal records in respect of construction.