The date of completion of construction for determining the applicability of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, is the date of the first assessment of the premises, as per the Explanation to Section 2(2) of the Act.

N.D. Ojha, J.

This is a Defendant's civil revision u/s 25 of the Provincial Small Cause Courts Act against the decree passed by the IVth Addl. District Judge, Agra, sitting as Judge, Small Cause Court, whereby a suit for ejectment from a premises situate at Shivaji Marg, Firozabad, district Agra, and for arrears of rent and mesne profits etc. tiled by the opposite party was decreed.

2. The case of the opposite party was that he was the owner of an Ahata, that on 5th April, 1967, an agreement was executed by the applicant whereby the opposite party was required to make certain constructions in the said Ahata and on the completion of the constructions the applicant was to take them on rent. The case of the opposite party further was that in pursuance of that agreement the required constructions were made by him and were let out to the applicant on 6th October, 1967, for a period of five years on a rent of Rs. 300/- per month. Since after the expiry of the term of five years and even after a notice being served on him the applicant did not vacate the premises nor did he clear off the arrears of rent and the taxes which under the agreement were payable by him the necessity to file the suit arose. The suit was contested by the applicant inter alia on the ground that the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) were applicable to the premises in question and that he was not under any liability to pay the taxes. His defence, however, did not find favour with the court below. The Additional District Judge recorded a finding that the premises in dispute had been constructed after 5th of April, 1967, and since the suit had been instituted on 27th May, 1974, i.e., within ten years of the construction of the premises in dispute, the Act was not applicable to it. The suit was accordingly decreed as pointed out above.

3. It was urged by counsel for the applicant that the finding recorded by the court below that the premises in dispute were constructed after 5th of April, 1967, and before 6th of October, 1967, when it was let out to the applicant is not a finding in conformity with the requirements of Section 2(2) of the Act and that it was a fit case in which the matter may be remanded to the court below or in any event an issue may be remitted to it requiring it to record a finding in regard to the completion of the construction in dispute as contemplated by the Explanation to Section 2(2) of the Act.

4. Having heard counsel for the parties I am of opinion that even though it is true that the finding of the court below does not strictly conform with the requirements of the Explanation to Section 2(2) of the Act yet no useful purpose will be served either in remanding the case or remitting an issue inasmuch as on a perusal of the evidence on record produced by the parties I am satisfied that the Act is not yet applicable to the premises in dispute.

5. Before adverting to the material on record on the basis of which I have arrived at the aforesaid conclusion it is necessary to refer to the relevant provisions of the Act contained in Section 2(2). It reads:

(2) Except as provided in Sub-section (2) of Section 24 or Sub-section (3) of Section 29 nothing in this Act shall apply to a building during a period of ten years from the date on which its construction is completed.

Explanation- For the purposes of this sub-section-

(a) the construction of a building shall be deemed to have been completed on the date on which the completion thereof is reported to or otherwise recorded by the local authority having jurisdiction and in the case of a building subject to assessment, the date on which the first assessment, thereof comes into effect and where the said dates are different, the earliest of the said dates and in the absence of any such report, record or assessment, the date on which it is actually occupied (not including occupation merely, for the purposes of su