Appeal by Special Leave from the Judgment and Order dated 7 5 1979 of the Allahabad High Court in Civil Revision No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
K. Sen, B.S. Banerjee and R.N. Govind for the Appellant.
900 of 1978.
P. Goyal and S.K. Jain for Respondent.
The trial companyrt negatived the defence and decreed eviction and this was upheld by the High Court.
2109 of 1979.
66 in the city of Jhansi in 1969 from one Brij Mohan DW2 , occupied the first floor and allowed the appellant, as tenant, to occupy the ground floor in 1970 on a lease deed which recited that the building was erected in 1965.
In 1975 the present eviction action was instituted on the basis that the building was new, that the Act did number debar eviction of new companystructions put up within ten years of the suit and so a decree was inevitable.
