V.K.KHANNA, J. - (1.) THIS revision has been filed by the defendants under Section 25 of the Provincial Small Cause Courts Act against the judgment dated 13.7.1987 passed by the Additional District and Sessions Judge acting as Judge, Small Cause Court.
(2.) BRIEFLY facts for the purposes of deciding the present revision are that admittedly the defendants are tenants of the premises in dispute which is a shop. The plaintiff terminated the tenancy under Section 106 of the T.P. Act and also served a notice of demand for the arrears of rent. As the accommodation was neither vacated nor the arrears of rent paid, the suit giving rise to this revision was filed. The point involved in this revision is as to whether the premises in dispute are governed by the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (UP Act. No. XIII of 1972) (hereinafter referred to as the Act). The plaintiffs, case was that the building was assessed for the first time in the Municipal Board, Jhansi on 1.4.1979 and thus the provisions of U.P. Act No. XIII of 1972 were not applicable to the case.
(3.) THE defendant's case on the other hand was that the building was an old one to which the provisions of the Act applied.;