SHAMSHAD KHAN Vs. SPL

JUDGEMENT

(1.) YATINDRA Singh, J. This is the writ petition against the order dated 10. 10. 1996 (Annexure 8 to the writ peti tion) passed by the Spl/addl. District Judge, Saharanpur (Respondent No. 1) allowing the revision of tenant-Respon dent and dismissing the suit of the landlord-petitioner. FACTS:

(2.) THE petitioner is the landlord of the premises in dispute, which is shop. Yashpal Singh (Respondent No. 2) is the tenant of the same at the rate of Rs. 120 per month. THE landlord filed a suit on 20. 12. 1988 after terminating the tenancy on the ground that the U. P. Urban Build ings (Regulations of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) does not apply to the same. THE defendant is liable for eviction.

(3.) SECTION 2 (2) of the Act provides exemption from the operation of the Act to a building during 10 years from the date of its construction. Explanation 1 of Sec tion 2 (2) provides a legal fiction for find ing out the date of completion of a build ing. So far as, it is relevant here, it says that the building shall be deemed to have been completed on the date on which the first assessment thereof comes into effect. The revisional Court should have applied its mind on what date of assessment has come into effect. CONCLUSION: 5. The writ petition is allowed. The matter is sent back for re-decision in accordance with observation made above. Parties will appear before the. authority concerned on 12th July, 1999, Petition allowed. .