MOHAMMAD AFZAL Vs. RAMESH KUMARI

JUDGEMENT

(1.) Heard Sri Nitin Kumar Agrawal, learned counsel for the petitioner and Sri Pradeep Kumar, learned counsel who has filed his Vakalatnama today alongwith Sri Uma Nath Pandey, learned counsel appearing for the landlord - respondent.

(2.) Present petition has been filed seeking setting aside of the impugned order dated 18.5.2018 passed by the Additional District Judge, Court No. 8, Bulandshahr in S.C.C. Revision No. 5 of 2017, Mohammad Afzal v. Smt. Ramesh Kumari and the order dated 30.5.2017 passed by the Judge Small Causes Court/Civil Judge (Senior Division), Bulandshahr in S.C.C. Suit No. 27 of 2015, Smt. Ramesh Kumari v. Mohammad Afzal filed as Annexures 1 and 2 to the petition.

(3.) The suit filed by the landlord respondent was allowed by the trial court holding that the first assessment of the shop in question is of the year 1992 and as such the provisions of U.P. Act 13 of 1972 are not applicable. The notice sent by registered post was found to have been served by refusal holding that the same was sent on the correct address and consequently the suit was allowed. The revision filed by the tenant petitioner herein was also dismissed.