RAM KRIPAL Vs. MUKAT LAL

JUDGEMENT

(1.) THIS is a defendant's revision application under Section 115 of the Civil Procedure Code against the judgment and order dated 1-11-1974 passed by the District Judge, Buland-shahr setting aside the judgment and decree passed by the learned Judge Small Causes, Bulandshahr.

(2.) THE plaintiff opposite party is the owner of a wooden stall which was let out to the defendant-revisionist on a monthly rent of Rs. 90/-. According to the plaintiff, it was constructed in 1964 and was not governed by the provisions of U. P. Act XVII of 1972. THE defendant fell in arrears of rent from 1st of November 1970 and a notice of demand and to quit was served on him on 4th November, 1970, but in vain. Hence he filed a suit for the eviction of the defendant from the disputed shop and for the recovery of arrears of rent.

(3.) SO far as the question whether the wooden shop falls within the definition of the word 'building' as defined in Section 3 (1) of U. P. Act XIII of 1972 is concerned, the said section defines 'building' as follows: