SITA RAM Vs. GIRISH KUMAR SRIVASTAVA

JUDGEMENT

(1.) HEARD learned counsel for petitioner and learned counsel for respondents.

(2.) THIS writ petition has been filed for quashing the order dated 24.11.2009 (Annexure 5 to writ petition). Respondent who is landlord filed a suit against petitioner for ejectment and arrears of rent from 1.2.2002 to 2.2.2003 amounting to Rs.1,840/- including water tax.

(3.) LEARNED counsel for petitioner submits that various documents have been filed showing therein that shop was constructed and his father was tenant from 1975. Various documents like death certificate of Bagirath, registration certificate dated 31.4.1981, assessment of steel works from 1993 to 1996, receipts issued from Labour Department and various orders issued by the Sales Tax Officer dated 29.9.1991, 27.3.1982, 19.9.1983, 29.9.1981 and judicial order dated 22.4.2002 but these documents which are apparent from the judgment that these shops were assessed in the year 1982-83, 1986-87, 1987-88 and 1991-1992 and the copies to that effect was also submitted but these documents have not been considered and no discussions have been made and on the basis of assessment of 1998 produced by the landlord-respondent, the courts below has held that shop in question is a new one and Act No.13 of 1972 will not be applicable in view of fact that it was first time assessed in the year 1998. Revisional court has also not considered the issue and dismissed the revision.