Wadood Ahmad v. Addl. District Judge/Ftc Pratapgarh and 2 Others

Court No. - 19

Case :- WRIT - A No. - 5036 of 2024

Petitioner :- Wadood Ahmad Respondent :- Addl. District Judge/Ftc Pratapgarh And 2 Others Counsel for Petitioner :- Mohiuddin Khan Counsel for Respondent :- Mohd. Ateeq Khan

Hon'ble Manish Kumar,J.

1. The present writ petition has been preferred for quashing of the judgment and order dated 09.04.2024 passed by the Additional District Judge/FTC Pratapgarh in Civil Revision No. 01 of 2023, Wadood Ahmad Versus Shambhu Nath Mehrotra and the judgment and decree dated 17.11.2022 passed by the Civil Judge (S.D) Pratapgarh in S.CC Suit no. 02 of 1998.

1. Learned counsel for petitioner has submitted that the impugned judgments have been passed in complete derogation of the direction given by this Court while remanding the matter for re-consideration and as per the law settled, the Court has to decide and consider the matter as per the remand order of the high court.

1. It is further submitted that the date of completion of construction is to be determined on the basis of explanation 1 to the proviso to Section 2(2) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, which provides deeming clause as to when the building shall be deemed to have been completed. In case, there is an assessment of the building and such assessment record is produced, the date of the completion of the building shall be taken as the date of the first assessment. In the present case, the assessment order of the year 1983-1984 was filed by the landlord himself which makes the case in favour of the petitioner that the case is maintainable under the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and in support of his submission, he has relied upon the judgment in the case of Laxman Prasad versus Vth Additional District Judge, Ballia and others reported in 1999 2 AWC, 1444.