S.U. Khan, J. - (1.) This is tenant's writ petition. Landlord respondent No. 2 instituted a suit for eviction and recovery of arrears of rent and damages for use and occupation against tenant petitioner which was registered as S.C.C. Suit No. 14 of 1994 on the file of J.S.C.C./Civil Judge (Sr. Div), Kairana, district Muzaffar Nagar. The suit was dismissed by judgment and decree dated 2.8.1996 on the ground that U.P. Act No. 13 of 1972 was applicable and complete deposit of rent, cost etc. had been made by tenant under Section 20 (4) of the Act. Landlord respondent No. 2 filed a revision against the said judgment and decree being S.C.C. Revision No. 37 of 1996. IXth Addl. District Judge, Muzaffar Nagar through judgment and order dated 23.4.1997 set aside the judgment and decree passed by Trial Court and remanded the matter with the direction that Trial Court must take on record documentary evidence from the parties and oral evidence must also be permitted to be adduced if desired by any of the parties and the suit must be decided again. The writ petition by the tenant is directed against the said judgment and order passed by the revisional Court. The landlord has not challenged the said order of remand.
(2.) Petitioner is tenant since 1983 and the tenancy was created through registered agreement executed on 24.12.1983.
(3.) Plaintiff stated that he purchased a big shop having three khans in 1980 and converted the same into three shops in 1983 and let out one of the said shops to tenant petitioner on 24.12.1983. It was further stated on behalf of landlord that Nagar Palika assessed the shop in dispute for house tax for the first time w.e.f. 1.4.1986, hence in the year 1994 when suit was filed 10 years period from date of construction, which should be taken to be the date of first assessment, had not completed. According to the landlord in view of this fact U.P: Act No. 13 of 1972 was not applicable to the building in dispute when the suit was filed in view of its Section 2 (2) and explanation 1(a) thereof which is quoted below:- (2(2) Except as provided in sub-section (5) of Section 12, sub-section (1-A) of Section 21, sub-section (2) of Section 24, Sections 24-A, 24-B, 24-C or sub-section (3) of Section 29, nothing in this Act shall apply to a building during a period of ten years from the date on which its construction is completed)................... Explanation (1)-(For the purposes of this section- (a) the construction of a building shall be deemed to have been completed on the date on which the completion thereof is reported to or otherwise recorded by the local authority having jurisdiction, and in the case of a building subject to assessment, the date on which the first assessment thereof comes into effect, and where the said dates are different, the earliest of the said dates, and in the absence of any such report, record or assessment, the date on which it is actually occupied (not including occupation merely for the purposes of supervising the construction or guarding the building under construction) for the first time:;