RAM PRASAD Vs. SUDHIR CHANDRA & 2 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The applicant/tenant has approached this Court assailing the judgment and decree dated 4 November 2015 passed by the Revisional Court/Additional District Judge, Court No. 18, Agra arising from an order passed by the Small Causes Court at Agra decreeing SCC Suit No. 17 of 2012 (Sudhir Chandra vs. Ram Prasad).

(3.) The respondent/landlord instituted a suit before the Small Causes Court at Agra for eviction, arrears of rent and damages. The tenancy of the premises which is a shop was determined by notice. The applicant/defendant contested by filing written statement; the trial Court framed six issues and issue no. 2 was to the effect as to whether the provisions of U.P. Act 13 of 1972 is applicable or not. The trail Court upon considering the material available on record decreed the suit and in particular holding that the U.P. Act No. 13 of 1972 is not applicable as the date of assessment of the building is of 1999, therefore, beyond the cut of date in 1985, therefore, the Act 13 of 1972, in view of Section 2(2), would not apply on the premises. In revision, the only point pressed was regarding the applicability of Act 13 of 1972. The revisional Court upon considering the material and evidence on record noted that the first assessment of the premises was done by the Municipal Authorities on 1 April 1999, therefore, a concurrent finding was returned that the provisions of the Act 13 of 1972 would not apply.