ALLAHABAD HIGH COURT
Tilak Raj
Vs
Sardar Devendra Singh
(Hariswarup,J.)
09.09.1976
Hariswarup,J
( 1. ) THIS revision arises out of a suit for ejectment of the defendant from
the building in dispute. The plaintiff claimed that the defendant was the
tenant and the tenancy having been terminated he was liable to be ejected. In
defence it was urged that the suit for ejectment was not maintainable in view
of the provisions of the U. P. Urban Buildings (Regulation of letting, rent
and Eviction) Act 1972. The trial court held that the building was constructed
within ten years of the enforcement of the Act and hence it was not covered by
the Act. The defendant went up in revision and urged that the finding of the
trial court was perverse. Some further evidence was led in the revisional court
by the defendant and in rebuttal evidence was led by the plaintiff. The learned
Additional District Judge also on the basis of the evidence subsequently
produced before him, agreed with the finding of the trial court and dismissed
the revision.
( 2. ) THE contention of the learned counsel for the applicant is that evidence
of the defendant before the revisional court consisted of large number of
documents but the same have not been considered. It is immaterial because the
other evidence which relate to actual occupation of the building could not have
led to a finding other than the one recorded by the learned District Judge. The
evidence relied upon by the court below is the evidence regarding the
assessment of the building to the property tax. A resolution of the Municipal
Board dated 30th March 1967 was produced on the basis of it the court came to
the conclusion that this building was subjected to assessment for the first
time with effect from April 1, 1967. On that finding, the court below has held
that the building is not covered by the 1972 Act. Section 2 (2) of the Act provides
exemptions of buildings from the operation of the Act. It provides: "(2) Except as provided in
sub-section (2) of section 24 or subsection (3) of section 29, nothing in this
Act shall apply to a building during a period of ten years from the date on
which its construction is completed. Explanation-For the purposes of this
sub-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 comes into effect and where the said dates are different, the earliest
of the said dates, and in the absence of any such report, record or assessment,
the date on which it is actually occupied (not including occupation merely, for
the purposes of supervising the construction or guarding the building under
construction for the first time." ;