D.C.SRIVASTAVA, J. - (1.) THIS revision under Section 25 of the Provincial Small Causes Court Act is directed against the judgment and decree dated 19th December, 1995 of Shri R.P. Shukla, VIIIth Additional District Judge, Ghaziabad/J.S.C.C., granting a decree for eviction against the petitioner and further granting decree for arrears of rent and mesne profits.
(2.) LEARNED Counsel for the petitioner and the respondent were heard at the time of admission of the revision. The only point pressed in this revision was that the trial Court has given incorrect findings on the basis of deeming clause in the Act that the premises in dispute is not governed by U.P. Act XIII of 1972. The contention of the learned Counsel for the petitioner has been that when in the plaint itself specific date for completion of the construction has been given by the plaintiff-landlord there was no occasion for invoking and applying deeming clause to come to the conclusion as to when the building was completed.
(3.) IN order to determine the applicability of the Act to a certain building, Explanation 1(a) of Section 2(2) of U.P. Act XIII of 1972 has to be re- capitulated. It provides as under : "Explanation 1. - (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; Provided that there may be different dates of completion of construction in respect of different parts of a building which are either designed as separate units or are occupied separately by the landlord and one or more tenants or by different tenants".;