MOHAMMAD AHMAD KHAN Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE present revision under Section 25 of the Provin­cial Small Cause Courts Act has been filed by the defendant of SCC suit No. 29 of 1986 filed against him by the plaintiff landlord opposite party. The said suit was filed for recovery of possession over the shop detailed at the foot of the plaint and for recovery of arrears of rent and damages for its use and occupation. The suit has been decreed by the judgment and decree dated 13-11 -1987. The property in dispute was purchased by means of a sale deed dated 8-4-1986 by the present plaintiff from Smt. Meera Jindal who had let out it to the defendant on monthly rent of Rs. 150/-. It was stated that the defendant was in arrears of rent since July 1,1984 and the tenancy has been determined by means of a notice given under Section 106 of the Transfer of Property Act. It was further pleaded that the shop in question being a "new construction" and was constructed in the year 1979, the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U.P. Act No. 13 of 1972) are not applicable.

(2.) THE suit was contested on number of pleas including that the shop in question is not a 'new construction'. It was stated that the provisions of U.P. Act No. 13 of 1972 are applicable as the shop, which is housed in a room, was constructed in the year 1974.

(3.) THE only point mooted by Sri B.D. Mandhyan, learned Senior Counsel for the applicant is that the finding recorded by the trial judge under point No. 1 that the disputed shop was constructed in the year 1979 is vitiated. He submits that the plaintiff landlord has not discharged the burden to establish that the shop in dispute was a 'new construction' within the meaning of Section 2(2) of U.P. Act No. 13 of 1972. Learned Counsel for the plaintiff opposite party, on the other hand, supports the impugned judgment and order.