Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Dharmendra Kumar Mishra, learned counsel for the defendant/petitioner and Sri Syed Irfan Ali, holding brief of Sri Ajit Kumar, learned counsel for the plaintiff/respondent.

2. Briefly stated facts of the present case are that the plaintiff/respondent is the owner and landlord of a shop situate at B-Das Compound, G.T. Road, Aligarh in which the defendant/petitioner is a tenant. After following due procedure of law, a S.C.C. Case No. 92 of 2006 was filed by the plaintiff/respondent on 22.12.2006 praying for eviction of the defendant/petitioner and recovery of rent. In para 3 of the plaint, the plaintiff/respondent took the stand that the disputed shop is newly constructed and the provisions of U.P. Act No. 13 of 1972 are not applicable. The evidence of plaintiff/respondent was closed on 3.8.2012. However, on 7.5.2013 the plaintiff/respondent submitted an application being Paper No. 76-C filing certified copy of Tax Assessment Register of Nagar Nigam, Aligarh to establish that the disputed shop is newly constructed and the provisions of U.P. Act No. 13 of 1972 are not applicable. The said application was rejected by the Additional