Ajay Kumar Yog, J. - (1.) MUSHTAQ Ahmad, Owner -cum -Landlord of accommodation No. 83 -A, Shujatganj, Nai Basti, Kanpur filed Suit No. 21 of 1979 in the Court of Judge, Small Causes Court, Kanpur, contending inter alia that the provision of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (hereinafter called the Act), were not applicable since municipal assessment was enforced w.e.f. 1.4.1973 and the Defendant -Respondent No. 3 Rafiq who was a tenant of a portion of the said accommodation on rent of Rs. 30 per month, was liable to be evicted on tenancy being determined by serving notice under Section 106, Transfer of Property Act. Learned Judge, Small Causes Court dismissed the plaintiff suit holding that in view of the admitted position that the rent receipt was issued by the tenant in favour of the landlord in September, 1972, it could not be held that accommodation in question was constructed in the year 1973. The Trial Court further observed that the date of construction of the building should be the date of first assessment, e.g. 1.4.1973 stood belied in own statement that he is living in some portion of the same premises, which was constructed in the year 1964. The Trial Court further observed that the plaintiff had failed to bring any paper on record to show that he had purchased building material for constructing the portion in the tenancy of the defendant in 1973. The Trial Court dismissed the suit vide judgment and order dated July 29, 1982 (Annexure 6 to the petition).
(2.) FEELING aggrieved plaintiff filed S.C.C. Revision No. 268 of 1982 and the said Revision has also been dismissed by learned IXth Additional District Judge, Kanpur vide judgment and order dated 26.11.1982. Being constrained and aggrieved petitioner -plaintiff has filed present writ petition, inter alia on the grounds that in view of documentary evidence on record that accommodation in question was first subjected to municipal assessment w.e.f. 1.4.1973, the building could not be said to have been constructed earlier, in view of Clause (a), Explanation 1 to Section 2(2) of U.P. Act No. 13 of 1972.
(3.) PETITIONER has claimed a writ of certiorari for quashing the impugned judgments and orders dated 29.7.1982 and 26.11.1982 passed by Respondent Nos. 2 and 1 {Annexures 6 and 7 to the petition).;