MUKESH KUMAR GAUTAM Vs. HARI SINGH

JUDGEMENT

(1.) Heard Sri Arpit Agarwal, Advocate, holding brief of Sri

(2.) This revision under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as "Act, 1887") has come up against the judgment and decree dated 9.12.2002 passed by Additional District Judge, Court No. 10, Agra/Judge, Small Causes Court, Agra decreeing ex-parte S.C.C. Suit No. 21 of 2001 wherein the defendant-revisionist though appeared and filed written statement, but thereafter absented and allowed the proceedings to be concluded ex-parte.

(3.) The Court below found that plaintiff in support of his case has filed certain documents, like copy of notice dated 9.7.2001 along with copy of sale-deed and copy of sanctioned plan of construction and certificate of possession dated 11.5.1998 to show that premises in question was a new construction completed in 1998. He also filed certificate of Union Bank of India dated 25.7.2002 stating that he has deposited original sale-deed dated 5.3.1997 and original house building map dated 28.9.1996 with the Bank in connection with Loan which has not been liquidated or repaid on the said property, which shows that in 1996, loan was sanctioned by Bank and construction was raised and possession was taken on 11.5.1998. In that view of matter, The Court below has found that U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") is not applicable to the premises in question and in absence of any evidence to rebut the initial burden discharged by plaintiff in support of his case, the Court below found no option but to decree the suit.