Hon’ble Sudhir Agarwal, J.—Heard Sri P.K. Jain, learned Senior Advocate for the petitioner and Sri Vishal Tandon, learned counsel for the respondent.

2. This writ petition is directed against the order dated 28.5.2003 (Annexure-7 to the writ petition) passed by Additional District Judge, Court No. 7, Muzaffar Nagar allowing respondent-tenant’s revision and setting aside Trial Court’s judgment dated 12.10.1998, whereby petitioner’s suit was decreed by Trial Court. The Revisional Court has remanded the matter to Trial Court.

3. The dispute relates to a shop of which petitioner is landlord and it was in the tenancy of respondent, Ashok Kumar Kaushik on a monthly rent of Rs. 600/- including water tax. The case set up by petitioner is that it was a new shop constructed in 1985 and onwards and first assessed by local municipal board for house tax in 1991, i.e., w.e.f. 1.4.1991. Accordingly it was a new construction which was completed in 1991 in terms of Section 2(2) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the “Act, 1972”), therefore, Act, 1972 was not attracted to the shop in question when landlord filed SCC Suit N