M. K. Mukherjee, J. - (1.) This appeal by special leave has been filed by the landlord against the judgment and order of the Allahabad High Court allowing the Civil Writ Petition of the respondent-tenant.
(2.) After serving a notice in accordance with Section 106 of Transfer of Property Act, the landlord instituted a suit for eviction in the Court of Small Causes, Moradabad on July 23, 198 1. He contended that the tenanted building was constructed in 1974 and as ten years had not elapsed since then the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 ('Act' for short) did not apply to it. He further contended that even if it was assumed that the Act applied the tenant was not entitled to its benefits as he had not complied with the requirement of Section 39. In resisting the suit the tenant refuted both the above contentions of the landlord and submitted that as none of the grounds mentioned in sub-section (2) of Section 20 of the Act, on which only a tenant could be evicted, was made out no decree for ejectment could be passed against him.
(3.) The trial Court dismissed the suit holding that the Act applied to the building and none of the grounds referred to in Section 20(2) was made out. The trial court further held that as the tenant was not in arrears of rent he was not required to deposit rent in terms of Section 39 of the Act to obtain the benefit thereof.;