- (1.) The substantial questions of law, up for consideration in this matter are: (1) Whether the status of tenant can determine applicability of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") in respect to a building? (2) Whether Courts below were justified by not entering into the question, whether Act, 1972 was applicable in the case in hand or not, only on the ground that tenant having admitted himself to be an unauthorized occupant/trespasser in the building in dispute, therefore, for his ejectment civil suit was maintainable, and, Civil Court has jurisdiction to try the suit in question?
(2.) Learned counsel for parties requested and agreed to argue the case finally at this stage and, hence, I proceed to decide the questions.
(3.) Heard Sri A.A. Khan, Advocate for appellants; and, Sri Vinod Sinha Advocate, and Sri Mahesh Sharma, Advocate, for respondents.;