R.K. VERMA Vs. RAMAN KUMAR AND OTHERS

JUDGEMENT

(1.) HEARD Shri A.K. Gupta, Learned Counsel for the applicant and Shri S.N. Tripathi, Learned Counsel for the plaintiff opposite parties. This revision has been filed under section 25 of the Provincial Small Causes Court Act against the judgment and decree dated 26.7.2011 whereby the SCC Suit No. 2 of 2005 for recovery of arrears of rent, ejectment and damages has been decreed. It has been found that the building in question is a 'new construction' within the meaning of the U.P Act No. 13 of 1972 and hence, the provisions of the said Act are not applicable.

(2.) CHALLENGING the said finding, Shri A.K. Gupta, Learned Counsel for the applicant submits that there is no first assessment of the building in question on record. Therefore, the finding under issue no. 1 relating to the date of construction is vitiated. In a reply, Shri S.N. Tripathi , Advocate rightly pointed out that the map for the constructions was sanctioned by Gorakhpur Development Authority in the year 1996 and the suit was filed in the year 2005 within a period of 10 years. The building was constructed after the sanction of the map.

(3.) THEN it was argued that the decree has not been properly drawn. It is not in conformity with the operative portion of the judgment. The attention of the Court was invited towards the fact that the Court below by the judgment under revision has refused to pass decree for water tax, house tax and sewer tax but in the decree these amounts have also been taxed.