MAHESH KUMAR SONI Vs. HARIOM SAHU

JUDGEMENT

(1.) Rejoinder affidavit filed today is taken on record. Heard Sri W.H. Khan, learned Senior Counsel assisted by Sri Ramanuj Pandey, learned counsel for the petitioner and Sri Udayan Nandan, learned counsel appearing on behalf of respondent and perused the record.

(2.) Present petition has been filed for setting aside the order dated 23.08.2017 passed by the Additional District Judge/Special Judge Dacoity affected area, Banda and the judgement and decree dated 4.10.2013 passed by the JSCC/ Civil Judge (S.D.) Banda.

(3.) Facts of this case, in brief, are that initially the plaintiff (respondent herein) filed a suit in the year 2006 against the tenant (petitioner herein) for arrears of rent and for ejectment from the shop in dispute claiming that the U.P. Act 13 of 1972, (hereinafter referred to as the Act) was applicable. A notice for termination of tenancy was given to the tenant. A written statement was filed wherein no opposition was made to the non-applicability of the Act and it was accepted that the U.P. Act 13 of 1972 is applicable in the present case. Ultimately, the suit was dismissed vide judgment and order dated 19.1.2012 against which plaintiff/respondent filed revision, which was allowed and the matter was remanded back to be decided afresh. The trial court was also directed to frame an issue as to whether in the present case the Act would be applicable and the parties were permitted to lead their evidence on this issue. When the case was decided again, on the issue regarding applicability of the Act, it was held that the Act is applicable. Against the same revision was filed by the tenant wherein it was admitted that the Act is applicable in the present case.