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1999 Supreme(All) 685

YATINDRA SINGH
Shamshad Khan – Appellant
Versus
Spl – Respondent


Advocates Appeared:
I.N.Singh, S.K.Singh,

JUDGMENT : -

Yatindra Singh, J.

This is the writ petition against the order dated 10. 10. 1996 (Annexure 8 to the writ petition) passed by the Spl/addl. District Judge, Saharanpur (Respondent No. 1) allowing the revision of tenant-Respondent and dismissing the suit of the landlord-petitioner. FACTS:

2. THE petitioner is the landlord of the premises in dispute, which is shop. Yashpal Singh (Respondent No. 2) is the tenant of the same at the rate of Rs. 120 per month. THE landlord filed a suit on 20. 12. 1988 after terminating the tenancy on the ground that the U.P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) does not apply to the same. THE defendant is liable for eviction.

The trial Court after considering the evidence on record has held that the assessment was done in the year 1981-84 and as the suit was filed in the year 1988 within ten years from the date of assessment, the Act does not apply. The trial Court decreed the suit on this finding. The tenant filed a revision. He filed an application in the revision for summoning the original assessment register for the year 1978-79. According to him the shop was assessed ear





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