Yatindra Singh, J. - (1.) When a construction of a building is completed within the meaning of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act)? What is the meaning of the word 'Q September. 1982' in an extract of the house and water tax register? Does it mean recording of completion of building on 1.7.1982? These are the questions involved in this writ petition. They arise on the following facts. FACTS
(2.) Respondents 3 to 7 (the contesting respondents) are the landlords of the shop in question. Smt. Sudha Rani Carg (the petitioner) is the tenant of the same. The contesting respondents filed a suit for ejectment against the petitioner after terminating her tenancy. The ground was that the provisions of the Act are not applicable and the tenancy being at will, the petitioner was liable for eviction.
(3.) The parties led their evidence and also filed an extract of the register of house and water tax (Annexure-6 to the writ petition) for the year 1980-85. This is the first assessment of the shop. The column 10 of the extract is meant for details of orders of enhancement or reduction. In this column 'Q September, 1982' is mentioned. The contesting respondent also examined one Haridas son of Pancham Singh, clerk in the Nagar Palika in the relevant ward to explain its meaning. He stated that 'Q' stands for quarter and 'September' means third quarter. He also stated that this assessment came into effect from 1.4.1983. Even otherwise, there is no dispute that this assessment came into effect from 1.4.1983. The trial court dismissed the suit holding that : (a) The third quarter is from 1st July to 30th September. The entry 'Q' September, 1982 shows that completion of shop is recorded in the municipal records in this quarter. This quarter starts on 1.7.1982 and building would be deemed to be constructed on 1.7.1982. (b) 1st of July, 1982 is the date of construction of the shop as it is earlier than 1.4.1983 -when first assessment came into effect. (c) The suit was filed on 21st August. 1982, Le.. ten years after 1.6.1982, and as such provisions of the Act were applicable. (d) The suit is not maintainable as no grounds under Section 20 (2) of the Act are made out. The contesting respondents filed a revision. The revisional court held that even if entry is taken to be entry of completion of the shop in the municipal records. It would be of September. 1982 and as the suit was filed in August, 1982 before the expiry of ten years, the provision of Act are not applicable. The revision was allowed and the suit was decreed. Hence the present writ petition. POINTS FOR DETERMINATION;