CLR/42/2023
2023 Latest Caselaw 826 UK

Citation : 2023 Latest Caselaw 826 UK
Judgement Date : 27 March, 2023

Uttarakhand High Court

CLR/42/2023 on 27 March, 2023

                Office Notes,
               reports, orders
               or proceedings
SL.
       Date     or directions                   COURT'S OR JUDGES'S ORDERS
No
               and Registrar's
                  order with
                 Signatures
      27.03.                     CLR No.42 of 2023
      2023                       Hon'ble Alok Kumar Verma, J.

Present Civil Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 04.02.2023, passed by learned Judge, Small Causes Court/Ist Additional District Judge, Haridwar in SCC Suit No.02 of 2018, "Om Prakash Sharma and Another vs. Lokesh Gupta and Others", by which, the said Suit has been decreed.

Heard Mr. Narayan Hari Gupta, learned counsel for the revisionists-defendants and Mr. Siddhartha Singh, learned counsel with Mr. Bhuwan Bhatt, learned counsel for the respondents-plaintiffs.

Learned counsel for the revisionists submitted that the suit property was constructed in the year, 1976, therefore, provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 are applicable.

On the other hand, Mr. Siddhartha Singh, learned counsel for the respondents submitted that the suit property was first assessed only in April, 1987, therefore, the said Act, 1972 is not applicable.

The said controversy is to be decided, therefore, it would be appropriate to admit the matter first and give an opportunity to the parties to argue the matter finally.

Therefore, the Revision is admitted. Summon Lower Court Record.

List this case on 26.06.2023. Heard on the Stay Application (IA No.01 of 2023).

Learned counsel for the revisionists submitted that revisionists shall deposit the monthly rent regularly at the rate of Rs.700/- per month.

Subject to deposit of the decretal amount before the court concerned within two weeks' from today, the effect and operation of the judgment and decree dated 04.02.2023 are stayed till further orders.

(Alok Kumar Verma, J.) 27.03.2023 Pant/