MOHAMMAD ALI Vs. IIND ADDITIONAL DISTRICT JUDGE, SAHARANPUR AND OTHERS
LAWS(ALL)-1998-10-94
HIGH COURT OF ALLAHABAD
Decided on October 23,1998

MOHAMMAD ALI Appellant
VERSUS
Iind Additional District Judge, Saharanpur And Others Respondents

JUDGEMENT

J.C. Gupta, J. - (1.) Heard Sri K.D. Tripathi appearing for the petitioner Sri Rajesh Tandon appears for the landlord-caveator.
(2.) This is tenant's writ petition.
(3.) The landlord filed suit for rent and ejectment against the petitioner in respect of the disputed shop, on the ground that the building in question is not governed by the provisions of U.P. Act No. XIII of 1972 and that the petitioner committed default in payment of rent. The suit was contested by the petitioner on a number of grounds. On appraisal of evidence the trial Court decreed the plaintiff's suit after recording findings that the building in question was completed in September, 1984 and was assessed for the first time from 1.4.1985 and as the suit was filed in the year 1992 i.e. within 10 days from the date of construction, U.P. Act No. XIII of 1972 was not applicable; that the suit has been properly filed and that the notice to quit did not suffer from any vagueness in the description of demised premises. The revisional Court affirmed the said findings after examining the record.;


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