MOHD YUSUF ALI KHAN Vs. SURENDRA TRADING CO

JUDGEMENT

(1.) HEARD learned counsel for the parties at length. The opposite party was served and after hearing the learned counsel for the parties, the revision is being disposed of finally at the admission stage.

(2.) THE main ground of the applicant is that since the premises in question was let out to a factory and, therefore, was exempted under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') and, therefore, the suit which is decreed by the trial court, was illegal. It is further contended that since the amount of Rs. 27,000/- was paid in the year 1984 and 1986 well within the time of three years and finding by the trial court that there was no document on the record of any payment during this period was illegal and is not sustainable. Finally it was urged that UPSIDC was the owner of the land from whom the applicant has taken the land, having not been impleaded the present suit is not maintainable.

(3.) FINALLY coming to the next point that since UPSIDC was not impleaded, who was the owner of the land from whom the respondent has taken the land, the suit could not be decreed. It is not in dispute in this case the applicant admitted the respondent as the landlord and he has being paying rent to him, hence this argument is devoid of any merit and is not sustainable. In view of this he cannot declaim that respondent is not his landlord.