S. P. SRIVASTAVA, J.

( 1 ) HEARD the learned counsel for the petitioner and Shri Bharatji Agrawal, learned counsel for the landlord respondent No. 1.

( 2 ) PERUSED the record.

( 3 ) FEELING aggrieved by a decree of his eviction from the premises in dispute and recovery of arrears of rent and damages for the use and occupation pendente lite and future passed by the Judge Small Cause Court; the petitioner tenant filed a revision under S. 25 of the Provincial Small Cause Courts Act which has been dismissed by the Revisional Court, he has now approached this Court for redress seeking the quashing of the same.

( 4 ) IT appears from the record that the landlord respondent had filed the suit seeking ejectment of the petitioner tenant from the premises in dispute asserting that the building of which the premises in suit formed a part was constructed a new in the year 1973 after demolishing the old constructions and was assessed for the first time by the Nagar Palika, Etah in the year 1981. The assessment being effective from 1-4-1981. The suit having been filed on 19/12/1990, the first assessment of the newly constructed building being effective from Ist April, 1981, it was claimed that the

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