LAL DEVI Vs. PURANCHAND UPADHYAY

JUDGEMENT

(1.) R. K. Mahajan, J. This order will also dispose of Civil Revision No. 38 of 1983 as the facts involved are same.

(2.) THIS revision is against the order of Shri K. C. Lamba, Judge, S. C. C. (1st Additional District Judge), Nainital dated 27-8-1983 by virtue of which he held that the shop was not constructed within 10 years of the suit and as such the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act No. XIII of 1972) are not applicable. He further observed that the revisionist-plaintiff did not come to the court with clean hands and she is not entitled for the rent though the learned trial Judge held that the relation ship of landlord and tenant exist between the parties. He also held that there is no valid proof of payment of arrears of rent from 1-10-1981 to 31-10- 1983, amounting to Rs. 7,200.

(3.) THE tenant has also filed a revision regarding the finding of the lower court on the relationship of landlord and tenant.