MOHD. AFAQUE SIDDIQUI Vs. HAZI ZAMIL

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Present petition has been filed for setting aside the order dated 3.5.2018 passed by Additional District Judge, Court No. 13, Kanpur Nagar in SCC Revision No. 108 of 2017 (Mohd. Afaque Sidduqui v. Hazi Zamil) as well as order dated 29.9.2017 passed by learned Judge Small Causes Court, Kanpur Nagar in SCC Suit No. 105 of 2013 (Hazi Zamil v. Mohd. Afaque Siddiqui) .

(3.) Submission of learned counsel for the petitioner is that the findings recorded on issue no. 2 regarding applicability of U.P. Act 13 of 1972 has wrongly been decided in the present case as the evidence has not been correctly appreciated by both the courts below; and the landlord has not filed any evidence to prove that it was new construction and, therefore, the finding recorded is contrary to record. Drawing attention to the various documents and the statement of PW-1 learned counsel for the petitioner sought to argue that the house no. 78/9 Anwarganj, Chudi Wali Gali, Kanpur Nagar is old building and was subject to assessment in the year 1963-68 as per panchshala which was produced by him before the courts below.