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PETITIONER: SHRI SURENDRA KUMAR JAIN

       Vs.

RESPONDENT: SHRI SANTI SWAROOP JAIN & ORS.

DATE OF JUDGMENT24/07/1995

BENCH: RAY, G.N. (J) BENCH: RAY, G.N. (J) MAJMUDAR S.B. (J)

CITATION:  1995 SCC  Supl.  (3) 413 1995 SCALE  (4)558

ACT:

HEADNOTE:

JUDGMENT:                  THE 24TH DAY OF JULY,1995 Present:                 Hon’ble Mr. Justice G.N.Ray                 Hon’ble Mr.Justice S.B.Majmudar Dr. A.M. singhvi, Sr.Adv. and Mr.Rakesh K.Sharma, Adv. with him for the Appellant Mr. Kapil Sibbal, Sr. Adv. Mr.K.B.Rohtagri, Ms. Aparna Rohtagi,Mr.Praveen Jain and Mr.P.K.Jain, Advs. with him for the Respondents.                          O R D E R The following Order of the Court was delivered:                IN THE SUPREME COURT OF INDIA                 CIVIL APPELLATE JURISDICTION                 CIVIL APPEAL NO.6546 OF 1995             (Arising out of S.L.P. NO.4280/1995) Shri Surendra kumar Jain alias Sunni                             Versus Shri Shanti Swaroop Jain and others                          O R D E R      Leave granted,      Respondent No.1  has already entered appearance. Notice of the  appeal need  not be served on respondent Nos.2 and 3 who are  formal parties and such notice on them is dispensed with.      Heard learned counsel for the parties. It appears to us that for the purpose of deciding the date of construction it is necessary to refer to Explanation 1(a) of Section 2(2) of the U.P.Urban  Building  (Regulation  of  Letting  Rent  and Eviction) Act  1972. In  the Explanation to the said Section it has  been indicated  that the  construction of a building shall be  deemed to have been completed on the date on which completion thereof  is reported  to or otherwise recorded by local authority  having jurisdiction  and  in  the  case  of building subject  to assessment, the date on which the first assessment thereof  comes into  effect and  where  the  said

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dates are  different, the  earliest of the said dates and in the absence  of any  such report  record or  assessment, the date on  which it  is actually  occupied (not merely for the purpose of  supervising the  construction  or  granting  the building under construction) for the first time.      It, therefore,  appears that  in terms  of  Explanation 1(a) the  construction is  deemed to  have been completed on the date  on which  the completion thereof is reported to or otherwise   recorded   by   the   local   authority   having jurisdiction if such reporting or recording happens to be on the earliest  point of time vis a vis various dates referred to hereinbefore.  It is  contended that in the instant case, the Municipal Athority having given notice for assessment on 15.11.77, such  date should  be held to be the date when the Municipal  Authority   had  already   taken  note   of   the construction  of  the  building.  Since  that  date  is  the earliest of  the dates  as refferred  to in  the explanation 1(a),  that   date  decomes  relevant  for  the  purpose  of considering deemed  date of construction. It does not appear that such  consideration has  been made by the High Court in decising the   case.  The High  Court has  proceeded on  the footing only  on the  pasis of  the assessment  effected  in 1981. The learned Counsel for the respondent has relied on a decision of  this Court  in Om  Prakash Gupta  etc. Vs.  DIG Vijendrapal Gupta etc.etc. (1982 (2) SCC 61). But it appears to us  that in that case, there was no question of Municipal Authority having  taken note  of construction  on an earlier date for the purpose of giving notice for assessment. Hence, that decision  is not applicable for the purpose of deciding the issue  raised in this case. We, therefore, set aside the impugned decision  of the High Court and remit the case back to the  High Court  for disoosal  on merits  in the light of above discussion  preferably within  a period of four months from the  date of  receipt of  the order  of this Court. The High Court  will decide  as to which is the earliest date of deemer construction  in terms  of date  Explanation 1(a)  of subsection 2 of Section 2 of the said Act for the purpose of deciding the  dispute involved in the case. Until the matter is disposed  of by  the High  Court, there  will be  stay of eviction from the disputed premises.      The appeal is accordingly disposed of without any order as to costs.