Heard learned Counsel for the parties.

2. This is landlords writ petition. Landlord filed S. C. C. Suit No. 32 of 1995 against original tenant respondent No. 2 Desh Raj, since deceased and sur vived by legal representatives. The suit was filed on 19. 5. 1995. Tenancy had been terminated before filing of the suit. It was pleaded by the plaintiff that U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was not applicable upon the building in dispute as it belonged to a waqf and by virtue of section 2 (1) (bbb) of the Act inserted by U. P. Act No. 5 of 1995 w. e. f. 26. 9. 1994. Act was not applicable to on any building belonging to or vested in a waqf including a waqf-allal-aulad. Property in dispute is a shop, rent of which is Rs. 600/- per month. J. S. C. C. , Bijnor accepted the contention of the landlord and decreed the suit through judgment and decree dated 27. 1. 1998. Against the said judgment and decree, tenant-respondent No. 2 filed S. C. C. Revision No. 30 of 1998. The revision was allowed by 1st Additional District Judge, Bijnor through judgment and order dated 29. 8. 1998. Revisional Court set aside the de cree passed by the Trial Cou