CLR/78/2022
2023 Latest Caselaw 1262 UK

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      04.05.2023                        CLR No.78 of 2022
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. T.P.S. Takuli, learned counsel for the revisionist and Ms. Shubhangi Pande, learned counsel for the respondent.

2. Mr. T.P.S. Takuli, Advocate, submitted that the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 [U.P. Act No.XIII of 1972] (as application in the State of Uttarakhand) (in short, the Act, 1972), are applicable in the present matter. Ms. Shubhangi Pande, learned counsel for the respondent, opposed the said submissions and submitted that the provisions of the Act, 1972 are not applicable.

3. According to learned counsel for the revisionist, shop-in-question was constructed before the year, 1985 while respondent submitted that the said property was constructed in the year 1990.

4. Admit.

5. Summon the Lower Court Records.

6. List on 05.06.2023.

7. Heard on the Stay Application (IA No.1 of 2022).

8. Subject to deposit of entire decretal amount within two weeks' from today before the Trial Court, the effect and operation of the impugned judgment and decree dated 10.08.2022, passed by learned Judge, Small Causes Court/IIIrd Additional District Judge, Udham Singh Nagar in SCC Suit No.14 of 2016, "Smt. Sangeeta Rani vs. Jitendra Kumar alias Sonu", are stayed till further order.

9. Stay Application (IA No.1 of 2022) stands disposed of accordingly.

(Alok Kumar Verma, J.) 04.05.2023

Neha