- (1.) This is a tenants petition under Article 226 of the Constitution of India. The writ petition is directed against the order dated 18 August 2004 passed by the Additional District Judge Court No. 10, Kanpur Nagar in SCC Revision No. 82 of 2003 (Raj Kumar Rathore vs. Ramesh Kumar Ghai and others). The Court below allowed the landlords revision, set aside the judgment and decree dated 30 September 2003 passed by the Small Causes Court, Kanpur Nagar, thereby decreeing the suit for eviction against the petitioner.
(2.) The facts giving rise to the petition, briefly is that the respondent/plaintiff filed a suit before the Small Causes Court for eviction, arrears of rent and damages against the petitioner for the shop situated on the ground floor of house no. 118/168, Kaushalpuri, Kanpur. The tenancy was determined by duly serving a notice upon the petitioner, however, the petitioner failed to comply the terms of the notice.
(3.) It was urged by the landlord that the construction being a new construction which was completed in 1987, therefore, was outside the ambit of Act No. 13 of 1972. The petitioner contested by filing written statement. The tenancy of the disputed shop was admitted but the tenant would urge that the property in dispute was constructed prior to 1987, therefore, the provisions of U.P. Act No. 13 of 1972 would apply to the shop in dispute.;