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1981 Supreme(All) 187

H.N.SETH, K.N.SINGH, K.C.AGRAWAL
GOPAL KRISHNA INDLEY – Appellant
Versus
5th ADDL. DISTRICT JUDGE, KANPUR – Respondent


Advocates Appeared:
S.C.TRIPATHI, SUDHIR CHANDRA

K. C. AGRAWAL, J.

( 1 ) THIS Full Bench has been constituted to decide the following question :-

"whether the provisions of Section 2 (2) are applicable only to buildings which are brought into existence after the coming into force of U. P. Act No. 13 of 1972 or they are applicable also to buildings constructed prior thereto?"

( 2 ) IN Suit No. 1440 of 1976 brought by plaintiff-respondent for ejectment of the defendant-petitioner the question raised was whether the plaintiff-respondents was entitled to get the decree for ejectment of the defendant from the disputed house without complying with the requirements of Section 2 of the Uttar Pradesh Urban Buildings (Regulation of Letting. Rent and eviction) Act 1972 (hereinafter referred to as Act No. 13 of 1972 ). The allegations made in the plaint by the plaintiff were that as the disputed house had been constructed in the year 1971, the provisions of the aforesaid Act did not apply and that they were entitled to get the decree for ejectment against the defendant petitioner. The defendant contested the suit and claimed that the house had been constructed in the year 1960 and, as such the plaintiff respondent, could not get the decree wit
























































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