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2006 Supreme(All) 530

S.U.KHAN
Abdul Rahman, Wali Mohammad, Abdul Ali, Gulam Nabi alias – Appellant
Versus
Special Judge (E. C. Act), Judge Small Cause Court (Munsif III) and Shri Azim – Respondent


Advocates:
M.C.MISHRA, PRADEEP CHANDRA, R.C.SRIVASTAV,

S. U. KHAN, J.

( 1 ) THIS is landlords writ petition arising out of suit for eviction initiated by landlords against tenant respondent No. 3 Azeem Bux in the form of SCC Suit No. 1 of 1975 on the file of JSCC / munsif III, Jalaun. In the plaint of the suit, it was asserted that as building in dispute was constructed in the year 1969, hence U. P Act No. 13 of 1972 was not applicable thereupon. The said plea was found proved by the trial court hence suit was decreed on 31. 3. 1977. Revision filed against the said judgment and decree was also dismissed by the District Judge, Jalaun. The said judgments were challenged before this Court through writ petition No. 5408 of 1979. The paid writ petition was decided on 2. 7. 1980. The Supreme Court in Ratan Lal Singhal v. Smt. Murti devi AIR1980 SC 635 , (1980)4 SCC258 decided on 21. 8. 1979 had held that U. P Act No. 13 of 1972 would apply to every building, which was constructed before the enforcement of the said Act i. e. July 1972. On the basis of the said authority of Supreme court, the earlier writ petition filed by the tenant (writ petition No. 5408 of 1979) was allowed on 2. 7. 1980 and matter was remanded to the trial court. The occas













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