Sunita Agarwal, J. - (1.) Heard learned counsel for the parties.
(2.) Both the Courts below have recorded a categorical finding that the building in question is a new building and, therefore, U.P. Act No. 13 of Rent Control Act 1972, is not applicable. Tenancy has been determined by notice dated 12.04.2003 and after the period of thirty days from the date of notice, the petitioners became unauthorized occupant of the shop in question. A direction has been given to handover the possession of the shop within a period of two months and simultaneously for payment of rent and damages for the use of occupation of the building till the delivery of possession. The suit was decreed on 3.8.2013 and the Revision was rejected on 31.10.2014. Thereafter, an execution case was filed, which is pending.
(3.) Be that as it may, as the petitioners have been declared unauthorized occupants, they are under obligation to handover the shop in question to the respondents.;