- (1.) RAKESH Tiwari, J. Heard learned counsel for the parties.
(2.) RESPONDENTS landlord filed S. C. C. Suit No. 5/1987 for arrears of rent, which is said to be due and for ejectment against the tenant. The prescribed authority by order dated 18. 8. 1998 dismissed the said suit holding that U. P. Rent Control (Regulation, Letting and Eviction) Act, 1972 is not applicable on the basis of finding that the building was constructed in 1976. Aggrieved by the order dated 18. 8. 1998, the landlord filed Revision No. 11 of 1998, which was allowed on the ground that the prescribed authority has committed error in law in holding that Provisions of Act No. 13 of 1972 are not applicable.
(3.) THE revisional court relied upon the case of Virendra Prasad Nigam v. Kalika Swaroop, 1999 (36) ALR 67: 1999 (4) AWC 3597, in which it was held that the date of construction of building, which should have been from the date of earning of the building or its completion of building. On remand, the Rent Control and Eviction Officer again decided the case in light of the judgment of Hon'ble Supreme Court vide judgment dated 13. 1. 2000 holding that Rent Control Act is not applicable to the premises in dispute. Revision No. 2/2000 filed by the tenant before the revisional authority challenging the findings of the Rent Control and Eviction Officer was also rejected vide order dated 31. 7. 20oo affirming the judgement of the prescribed authority dated 13. 1. 2000.;