K.C.Agarwal, J. - (1.) Smt. Ram Bitoli, respondent No. 3, filed Small Cause Court suit No. 11 of 1978 against the petitioner Satya Narain for ejectment from a shop. The respondent's case was that the aforesaid shop had been constructed in 1969 and thereafter it had been let out to the petitioner in September, 1969. Respondent No. 3 alleged that as she did not intend to retain the petitioner Satya Narain any longer, she served a notice for termination of tenancy under Section 106 of the Transfer of Property Act but since possession was not handed over to her despite the termination of tenancy, she was compelled to bring the suit for the reliefs of ejectment, recovery of rent and damages for use and occupation.
(2.) The suit was contested by the defendant-petitioner on the allegation that the building was constructed in 1978, and that in the absence of any of the grounds stated in Section 20 of U.P. Act No. XIII of 1972. Respondent No. 3 was not entitled to a decree. Both the parties led evidence in support of their respective cases on the controversy as to when was the shop in dispute constructed.
(3.) The learned Judge Small Cause Court found that the shop in dispute had been constructed in 1969. Having found that the shop was constructed in 1969, the view taken was that the building was exempt from the operation of U.P. Act No. XIII of 1972. The defendant went up in revision under Section 25 of the Provincial Small Cause Courts Act. The revision was dismissed and the finding of the Small Cause Court Judge that the shop was constructed in 1969 was affirmed.;