LAXMAN PRASAD Vs. VTH ADDITIONAL DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 22.9.1986 of the Judge Small Causes Court decreeing the suit for recovery of arrears of rent, ejectment and damages against the petitioner and the order of the revisional court dated 12.9.1991 affirming the said Judgment in revision.

(2.) Respondent No. 3 filed Suit No. 20 of 1984 against the petitioner for recovery of arrears of rent, ejectment and damages on the allegation that the shop in question was constructed in the year 1976 and, therefore, he was not entitled to the benefit of provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (in short the Act). The tenancy of the petitioner was terminated by notice dated 25.10.1984 and he having not vacated the shop in question, the suit was instituted.

(3.) The petitioner contested the suit. It was denied that the shop in question was constructed in the year 1976. It was old building and only some repairs were made in the disputed shop. It was further alleged that he is one of the co-tenants and his father and brother are also tenants. The Judge Small Causes Court held that the shop in question was constucted in the year 1976 and the provisions of U. P. Act No. 13 of 1972 were not applicable. It was found that the petitioner was the only tenant and his tenancy was duly-terminated. The suit was accordingly decreed. The petitioner preferred revision against this judgment. Respondent No. 1 has dismissed the revision on 12.9.1991.