AFZAL KHAN Vs. GURNAM SINGH AND ANOTHER

JUDGEMENT

(1.) This is tenant's revision.

(2.) In a suit for ejectment the tenant's defence was struck off. The suit for ejectment and recovery of arrears of rent. The rent has been found to be Rs. 250 per month. The total claim was for Rs. 12,000 as arrears of rent. Which has been decreed.

(3.) The learned Counsel for the applicant argues that the shop is not a new construction and no evidence as required by Explanation I to Sec. 2(2) is to be produced by the landlord. After the defence of the tenant has been struck off, there was only the plaintiff's version that the building was a new construction to which the U.P. Act No. 13 of 1972 did not apply, before the Court which was accepted by the Trial Court.