- (1.) Heard Sri Arvind Srivastava, learned counsel for the defendant-petitioner and Sri Manish Goyal, learned counsel for the plaintiff-respondent.
(2.) This writ petition has been filed praying for the following reliefs : "(i) set aside the judgement and decree dated 19.7.2014 passed by Civil Judge (Sr. Division/Judge Small Causes, Gautam Budh Nagar in S.C.C. Suit No.7 of 2008 (Prem Singh v. Shamshad Khan ) and judgement dated 26.10.2015 passed by 3rd Additional District Judge, Gautambudh Nagar in S.C.C. Revision No.04 of 2014 (Shamshad Khan v. Prem Singh ; (ii) issue any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case."
(3.) Learned counsel for the defendant-petitioner submits as under. (i) That Judge Small Causes Court, while passing the impugned judgement dated 19.7.2014 in S.C.C. Suit No.7 of 2008 has not recorded any finding with regard to the date of construction of the tenanted house so as to rebut the finding on the question of applicability of the provisions of Uttar Pradesh Urban Building (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') and thus, the finding recorded by the court below that the aforesaid Act, is not applicable, is wholly erroneous. (ii) The landlord of the tenanted property was one Sri Dharam Singh and as such the S.C.C. case could not have been instituted by the plaintiff-respondent.;