GOVARDHAN LALWANI Vs. DISTRICT JUDGE, JHANSI AND ORS.

JUDGEMENT

(1.) Heard learned Counsel for the parties again. This is tenant's writ petition arising out of a suit for eviction filed by landlord-respondent No. 3 Shrimati Sheela Rani. In the plaint it was stated that U.P. Act No. 13 of 1972 was not applicable to the building in dispute, hence tenant was liable to eviction, as his tenancy had been terminated. Suit was registered as S.C.C. Suit No. 27 of 1988 on the file of J.S.C.C. Jhansi. The suit was decreed for eviction and arrears of rent on 14.12.1992. It was further directed that pendente lite and future rent/damages for use and occupation shall be paid at the rate of Rs. 400.00 per month. Against the said judgment and decree tenant-petitioner filed S.C.C. Revision No. 2 of 1993. The said revision was dismissed on 17.12.1993 by District Judge, Jhansi, hence this writ petition.

(2.) Both the Courts below held that as in the lease deed/rent note dated 27.8.1984 (Paper No. 37-Ka) it was mentioned that shop in dispute was constructed in the year 1983, hence 'the Act was not applicable. In the said deed it was also mentioned that tenant would vacate the shop in dispute on 30.6.1988.

(3.) Both the parties had filed extracts from municipal records in reference to date of construction as provided under Explanation I to Sec. 2(2) of U.P. Act No. 13 of 1972. However, both the Courts below did not say a single word about the said documentary evidence. For determining the date of construction they placed reliance only and only on the agreement. It may be mentioned that the tenant had stated that shop in dispute was constructed in the year 1956.