MOHAMMAD SABIR Vs. MOHD. HUSAIN AND ANOTHER

JUDGEMENT

(1.) Suit No. 565 of 1971 was filed by the plaintiff for ejectment of the applicant and opposite party No. 2, on the allegations that as the house had been constructed in 1967, the provisions of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 did not apply and that he was entitled to get a decree against the defendants. He had also alleged that respondent No. 2 was the subtenant of Mohd. Sabir.

(2.) The suit was contested by the defendants. They denied the allegations made in the plaint. The suit was decreed on 28-1-1977. The revision filed by the defendants under Sec. 25 of the Provincial Small Cause Courts Act was dismissed on 29th Apr. 1978. Aggrieved, the defendant No. 1 Mohammad Sabir has filed the present revision.

(3.) Since for the point urged, it is not necessary to summarise the findings given .by the courts below, I do not wish to mention the same. The point urged was that since during the pendency of the suit before the Judge Small Causes Court the U. P. Act No. 13 of 1972 had become applicable to the building in question, the plaintiff was not entitled to get a decree for ejectment. In this regard the controversy was about the applicability of Sec. 39 of the aforesaid Act. Before coming to Sec. 39, I wish to note that since the suit had been filed in 1971, the question of the bar contained in Sec. 20 of the aforesaid Act did not arise.