R.H. Zaidi, J. - (1.) In both these petitions common questions of law and fact are involved, they were, therefore, heard together and are being disposed of by this common judgment. Writ Petition No. 38724 of 2000 shall be the leading case.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and decree dated 5.3.1998 whereby the suit filed by the respondent Nos. 3 and 4 for ejectment and recovery of rent was decreed by the trial Court and the judgment and order dated 26.7.2000 whereby the revision filed by the petitioner against the judgment and decree passed by the trial Court was dismissed by the Revisional Court.
(3.) It appears that the respondent Nos. 3 and 4 have filed a suit for ejectment and recovery of rent and damages on the ground of default in payment of rent, and that and for construction of new building. Learned Counsel for the petitioner pleaded that the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972), for short the Act, have no application to it as the building in question (shop) was a new construction. Suit was contested by the petitioner and who denied the claim of the plaintiffs-respondents contending that the provisions of the Act had full application over the building in question as the same was an old construction. Before trial Court the parties produced their evidence, oral and documentary in support of their cases. The trial Court recorded its findings and came to the conclusion that the building in question is a new construction and, therefore, the provisions of the Act had no application over the same and decreed the suit against the petitioner and in favour of respondent Nos. 3 and 4. Challenging the validity of the said decree the petitioner filed revision before the Revisional Court under Section 25 of Provincial Small Cause Courts Act and the Revisional Court affirmed the findings recorded by the trial Court and dismissed the revision. Hence, the presents writ petition.;