(1.) THIS is a revision application under Section 115 C. P. C. by defendant Nos. 1 and 2 against the judgment and order dated 16-8-1974 passed by the Second Additional District Judge, Meerut.
(2.) BRIEFLY stated the facts are that Ratan Lal, plaintiff-opposite party No. 1, is the owner of the shop in dispute. He had let it out to Mahendra Sen, defendant-revisionist No. 1, on a monthly rent of Rs. 52/-. According to the plaintiff the shop along with the Kotha and the gallery were constructed in 1967 and the provisions of U. P. Act III of 1947 were not applicable to it. It was also alleged by the plaintiff that defendant No. 1 had sublet the shop to defendant No. 2 on a monthly rent of Rs. 70/- and the gallery to defendant No. 3 on a rent of Rs. 20/- per month. The notice to quit was given on 30-1-1971 and the suit was filed on 25-3-1971 for recovery of Rs. 109/- as arrears of rent from defendant No. 1, Rs. 35/- as damages for use and occupation and for ejectment of the defendants from the shop, Kotha and the gallery in suit.
(3.) ALL the three defendants filed a revision application under Section 25 of the Small Cause Courts Act. The learned lower revisional court held that the building was constructed in the fag end of 1967, that even upto the date of decision in the revision the new Act i. e. U. P. Act XIII of 1972 had not become applicable to it. No other point was pressed before him and the revision application was dismissed.