Judgement

OZA, J. :- This appeal arises out of a judgment passed by the High Court of Allahabad in Civil Revision No. 83 of 1986 (reported in 1987 All LJ 255) wherein the learned Judge of the High Court allowed the revision petition set aside the judgment and decree of the Trial Judge and decreed the plaintiffs suit for ejectment of the appellant. The disputed property was let out on June 25, 1976. The accommodation was for the first time assessed for house-tax by the Nagar Palika, Ghaziabad with effect from October 1, 1976. The suit was filed for eviction after termination of tenancy before the trial court and objection was raised that as the shop and the basement were separately let out the tenancy could not be terminated by a single notice and that would be invalid. The trial court therefore dismissed the suit. The High Court set aside this conclusion of the trial court.

2. The main ground which was before the High Court was as to whether the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act for short) will be applicable to these proceedings in view of the fact that although the premises were let out in June 1976 but as the assessment was