SUPREME COURT OF INDIA

Before:- P. Venkatarama Reddy and A.K. Mathur, JJ.

Civil Appeal No. 788 of 2005 Arising out of SLP (C) No. 20710 of 2004. D/d. 28.1.2005.

Sanjay Kumar Gulati - Appellant

Versus

N.P. Singh and another - Respondents

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Sections 2(2) proviso (2) and Explanation I - New Buildings - Exemption from provision of Rent Act - Building less than ten years old by the time suit filed - Landlord could invoke benefit of Section 2(2) Explanation I.

[Para 3]

ORDER

P. Venkatarama Reddy, J. - Application for setting aside the abatement and application for bringing LRs on record are allowed.

2. Leave granted.

3. We see no ground to interfere with the order of eviction passed by the trial court as affirmed by the High Court in revision. The trial court after referring to the evidence has given a clear finding that the building was constructed only in or after the year 1988. Therefore, by the time the suit was filed, the building was less than ten years old. Hence, it was rightly held that the landlord can invoke the benefit of Explanation I to Section 2(2) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Hence, the appeal is dismissed. However, time for vacation of the premises is extended up to the end of July 2005, subject to furnishing usual undertaking to this effect in the Registry of this Court within four weeks.

Appeal dismissed.