Court No. - 69
Case :- CIVIL REVISION No. - 409 of 2011 Revisionist :- Smt. Shahjama Sultana Opposite Party :- Md. Faizan Shamshi Counsel for Revisionist :- Krishna Mohan Agrawal,Satya Prakash Gupta Counsel for Opposite Party :- Pradeep Saxena
Hon'ble Shekhar Kumar Yadav,J.
Present civil revision has been preferred by the plaintiff/revisionist against the judgment and decree dated 27.07.2011 passed by the learned Judge Small Causes Court/Additional District Judge, Court No. 12, Bareily in SCC Suit No. 2/2007, (Smt. Shanjama Sultana vs Md. Faizan Shamshi), whereby the suit filed by plaitiff/revisionist has been dismissed.
It is contended that the respondent/defendant had taken shop in question on 1.11.1998, @ of 655 per month but he had not paid the rent from 01.03.2004 till 30.10.2006, so the revisionist/plaintiff sent a notice dated 09.11.2006 for payment of arrears and vacation of premises/shop u/s 106 T.P. Act and filed the SCC Suit No. 2/2007 on 22.01.2007 for arrears of rent and eviction. The SCC Suit was dismissed due to wrong interpretation that the date of first assessment dated 16.05.1996, to the section 2(2) of the Act 1972, does not apply.
It is contended that the revisionist/plaintiff has submitted that the date of completion of the construction recorded by the Nagar Mahapalika in the first assessment as 16.05.1996, is conclusive evidence of peace for purpose of tax for the applicaton of above section over the property.
As such the revision is allowed.
The impugned order dated 27.07.2011, passed by the Small Causes Court/Additional District Judge Court No. 12, Bareily in SCC Suit No. 2/2007, (Smt. Shanjama Sultana vs Md. Faizan Shamshi), is set aside and the matter is remitted back to court below to decide the dispute of construction of shop in question as to whether it is new or old under Act 1972, within one month and it is further directed that the court below shall decide the suit expeditiously in accordance with law without granting unnecessary adjournment to either of the parties.
Order Date :- 27.10.2021/Neetu