SUDHA RANI GARH Vs. JAGDISH KUMAR

JUDGEMENT

(1.) The tenant is in appeal against the judgment of learned single Judge of the Allahabad High Court. It was held by the High Court that the suit filed by respondents 1 to 5 in this appeal (Respondents 3 to 7 before the High Court) has been rightly decreed by the Revisional Court, as the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent, and Eviction) Act, 1972 (in short the Act) was not applicable to the case.

(2.) The respondents 1 to 5 filed a suit for ejectment giving notice under Section 106 of the Transfer of Property Act, (in short the T.P. Act). The ground set out in the suit was that the tenancy was at will and provisions of the Act being not applicable, the tenant was liable for eviction. The only issue which was taken up by the trial Court related to applicability of the Act. Eviction was led. According to the respondents 1 to 5 as the assessment in respect of the building came into effect from 1-4-1983, and the suit was filed on 21-8-1992 the ten years period stipulated in Section 2(2) of the Act had no application, thereby making the Act inapplicable. Tenant on the other hand submitted that in the first assessment of the shop at column 10 it was clearly indicated as "Q September 1982". According to her the date of construction of building has to be taken as 1-7-1982 and, therefore, the period stipulated i.e. 10 years was over. The trial Court accepted the plea, while Revisional Court reversed it and as noted above the High Court confirmed the Revisional Courts view.

(3.) In support of the appeal, learned counsel submitted that the Revisional Court and the High Court have not considered the provisions of Section 2(2) in the proper perspective. The burden is on the landlord to prove that the building is exempt from the operation of the Act. There was no specific pleading as to date of construction in the plaint or the date of reporting of the completion of construction. When the assessment clearly indicated that the period was "Q September 1982" the trial Court was right in concluding that the date of completion was 1-7-1982. Though mandated under Section 148, landlords have not reported the date of completion. They cannot be benefited for the lapse.