Hon’ble S.U. Khan, J.—Heard learned counsel for the parties.

2. This is tenant’s writ petition. Landlord respondent No. 3, Salamatulla filed S.C.C. Suit No. 47 of 1983 against tenant petitioner and another person Chhutan Ali. In the plaint of the suit it was stated that the shop in dispute was newly constructed and it was let out to the petitioner defendant No.1 w.e.f. 1.11.1973. Suit was filed on 8.9.1983 and it was alleged by the landlord that ten years’ period had not expired since completion of the shop in dispute when suit was filed, hence U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 was not applicable. By virtue of Section 2(2) of the Act, the Act does not apply to building for a period of ten years in case it is constructed before April, 1985.

3. The tenant denied the said allegation and asserted that shop in dispute was constructed much before 1973. Landlord alleged that the rate of rent was Rs. 75/- per month. Tenant petitioner asserted that prior to November, 1973, rent was Rs. 50/- per month. However, in November, 1973, under agreement between the parties, the roof of the shop was replaced and some other construction, repair etc. were