Suneet Kumar, J. - (1.) The tenant-applicants have approached this Court assailing the judgement and decree dated 7 February 2012, passed by Judge Small Cause Court in S.C.C. Suit No. 37 of 2008 (Israr Ahmad v. Mohd. Tahseen Qamar and another) , affirmed by the revisional court/Additional District Judge (Court No. 5), Bareilly vide judgement and order dated 13 October 2015 in S.C.C. Revision No. 7 of 2012.
(2.) The respondent-landlord instituted a suit for eviction, arrears of rent and for material alteration of the suit property before the Small Causes Court in respect of two shops, the courts below while decreeing the suit held that the provision of Act 13 of 1972 would not apply as the shops were assessed after 1993-1994. The applicant-defendant put in appearance and contested the suit by raising a plea that the disputed property is an old building, therefore, the provision of Act 13 of 1972 was applicable.
(3.) A concurrent finding of fact has been returned on the issue that the construction of the shops are after 1993- 94, it has been noted in the impugned order that the applicants admitted that they occupied the shops in 1993 and 1995 respectively, the documentary evidence filed by the landlord being the assessment for the year 1992-93 would reflect that the shops in dispute were not assessed, therefore, the court noted that the construction were made thereafter. In the absence of any other material or document, the date of occupancy was taken into consideration.;