CLR/152/2023
2023 Latest Caselaw 3304 UK

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                                  CLR No.152 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Present Mr. M.S. Tyagi, senior counsel assisted by Mr. Sunil Chandra, counsel for the revisionist.

2. Present Mr. Ayush Agarwal, counsel for the respondent.

3. Learned senior counsel for the revisionist/tenant would submit that it is the admitted case that the property in which the tenanted premises is situated was purchased by the father of the respondent/landlord in the year 1976; that, some of the structure was constructed thereafter; that, in the plaint the tenanted premises is described by the houses and retaining walls on all the four sides and not by the municipal number despite the fact that the municipal number had already been allotted at the time when the suit for eviction was filed by the respondent/landlord; that, it was only in the affidavit in evidence when the municipal number of the tenanted premises in question was stated for first time without any pleadings or amendment in pleading in the suit by the respondent/landlord.

4. Per contra, counsel for the respondent/landlord would submit that the tenanted premises in question is very clearly and specifically described in the schedule attached to the plaint, however, he would admit at Bar that the old structure and the new structure in the property purchased by the father of the respondent/landlord have been allotted different municipal numbers.

5. In considered view of this Court, the applicability of The Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972 on the property in question needs deliberation.

6. Revision is admitted for hearing.

7. Summon the LCR.

8. List on 09.04.2024.

9. The effect and operation of the impugned judgment and order dated 19.09.2023 passed by Judge, Small Causes Courts/ 1st ADJ, Naintial, District Nainital, in SCC Suit No.17 of 2018, "Jeewan Chandra Khulbe Vs. Veer Kunwar Singh" shall remain stayed till further orders. (Stay Application IA No.1/2023 is disposed of).

(Vivek Bharti Sharma, J.) 31.10.2023 BS