- (1.) TARUN Agarwala, J. The plaintiffs filed a suit before the Judge Small Cause Court for ejectment of the tenant and for possession alleging therein that they are the owners and landlords of the accommodation in question and that the tenant was in the arrears of rent and inspite of demand the tenant had failed to pay the rent. The plaintiffs further alleged that a composite notice under Section 80 CPC read with Section 106 of the Transfer of Property Act, was duly served upon the tenant and inspite of service of notice, the accommodation in question was not vacated nor the arrears of rent had been paid. The plaintiff also submitted that the building in question is a public building and was exempted from the operation of U. P. Act No. 13 of 1972.
(2.) THE State of U. P. who is the tenant, contested the claim and submitted that they are not in arrears of rent and that they had deposited the entire rent, water tax etc. under Section 30 of U. P. Act No. 13 of 1972. THE tenant further submitted that U. P. Act No. 13 of 1972 was applicable and that they could not be evicted. THE tenant further submitted that in view of U. P. Ordinance No. 28 of 1983, the provision of U. P. Act No. 13 of 1972 became applicable and therefore, in view of the said Ordinance, the tenant could not be evicted. The Judge Small Cause Court after determining the points in issue decreed the suit of the plaintiff landlord. The Judge Small Cause Court held that the composite notice issued by the landlord was a valid notice and had determined the tenancy. The Court further held that U. P. Act No. 13 of 1972 was not applicable and that U. P. Ordinance No. 28 of 1983 was only prospective in nature and was not applicable in the present case. Aggrieved by the decision of the Judge Small Cause Court, the petitioner tenant filed a revision, which was also dismissed. The petitioner has now filed the present writ petition and has contended that the petitioner could not be evicted in view of U. P. Ordinance No. 43 of 1983.
(3.) HEARD the learned Standing Counsel for the petitioner and the learned Counsel for the opposite parties. Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the Act) was enacted and came into force w. e. f. 15-7-1972, Section 2 of the Act excluded certain building from the operation of the Act Sections 2 (1) (a) and 2 (1) (b) as it originally stood and brought into force on 15-7-1972 reads as under: "section 2 (1) Nothing in this Act shall apply to (a) any building belonging to or vested in the Government of India or the Government of any State or any local authority; or (b) any tenancy created by Government from the State Government or the Government of India in respect of a building taken on lease or requisitioned by such Government. ";