M.P.Singh - (1.) THIS is a defendant's revision arising out of a suit for ejectment from the disputed shop and for recovery of Rs.1055/- as arrears of rent, house-tax and water-tax from 1-10-1987 to 6-12-1987 and mesne profits at the rate of Rs.475/- per month and interest on the amount due from the defendant till the possession is handed over to the plaintiff.
(2.) THE suit was filed by the plaintiff-respondents on the ground that they purchased the disputed land through separate sale deeds dated 15-2-1977 and 18-2-1977. At the time of the purchase there was no roof over the shop. THE floor was broken and the walls were also in damaged condition. THE plaintiffs got a map sanctioned for the construction of the said shop on 29-7-77 but on account of certain personal difficulties the construction was done in December, 1978. THE shop was newly constructed. THE fact of completion was reported to Executive Officer of the Municipal Board on 15-1-1979. After the construction, the shop was let out to the defendant at the rate of Rs.415/- per month excluding water tax and house tax. THE defendant was in arrears of rent from 1-10-1987. It was further alleged that U. P. Act XIII of 1972 was not applicable. THE suit was filed after terminating the tenancy under section 106 of the Transfer of Property Act on 3-11-1987. The suit was contested by the defendant applicant denying the rate of rent. There was no cause of action for the plaintiffs to file the present suit and the U. P. Act XIll of 1972 was applicable as the disputed premises was an old one. According to him only renovation was done which does not amount to new construction. The notice under section 106 of the Transfer of Property Act was invalid. The trial court decreed the suit on 16-8-1988.
(3.) HEARD learned counsel for the parties. The main question involved in this case is whether U. P. Act XIII of 1972 is applicable in the present case or not. Explanation I to sub section (2; of Section 2 of the Act provides as under :- " Explanation I. -For the purposes of this section- (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 come into effect, and where the said dates are different the earliest of the said dates, and in the absence of any such report, record of assessment, date on which it is actually occupied (not including occupation merely for the purposes of supervising the construction of quarding the building under construction) for the first time : ..............." ;