TEJ PAL SHARMA Vs. RAM PRAKASH AGARWAL

JUDGEMENT

(1.) The defendant of SCC Suit No. 1 of 1992 has filed this petition for setting aside the judgment and decree dated 9th April, 1996 passed by the Judge, Small Cause Courts by which the suit filed for rent, ejectment and mesne profit was decreed. The petitioner has also sought the quashing of the judgment and order dated 26th February, 2008 by which the Revision filed by the defendant under Section 25 of the Provincial Small Cause Courts Act, 1887 was dismissed.

(2.) The plaintiff-respondent filed the aforesaid SCC Suit for ejectment and recovery of arrears of rent with the allegation that he was the owner and landlord of the shop which had been given on rent to the defendant on 1st September, 1997 on a monthly rent of Rs. 450/-; that the shop was re-constructed in the year 1986 and the first assessment was thereafter made on 1st April, 1987 and hence the building was exempted from the operation of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the Act ) and that the defendant had neither vacated the premises nor paid the arrears of rent even though his tenancy had been terminated by a valid notice and arrears of rent had also been demanded.

(3.) In the Written Statement the defendant took a plea that the provisions of the Act were applicable to the building since it was not re-constructed in 1986 but was an old building of which the assessment was first made on 1st April, 1979.