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of <h1>Court rules eviction valid under U.P. Urban Buildings Act, completion date key</h1> <h3>OM PRAKASH GUPTA Versus DIG VIJENDRAPAL GUPTA</h3> OM PRAKASH GUPTA Versus DIG VIJENDRAPAL GUPTA - 1982 AIR 1230, 1982 (3) SCR 491, 1982 (2) SCC 61, 1982 (1) SCALE 153 Issues involved: Interpretation of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 regarding the completion date of a building and applicability of the Act to buildings constructed before its enforcement.Judgment Details:1. The appellant, a tenant of a shop, faced eviction by the landlord claiming the Act did not apply as the shop's construction predated the Act. The trial court found the construction completed in 1967, making the Act inapplicable. The High Court referred the issue of completion date to the trial court, which deemed it as 1st April 1968 based on the first assessment date.2. The appellant argued that the Act should apply as per sub-section (2) of section 2, contending the exemption does not cover buildings constructed before the Act. The Court rejected this, stating the Act's language is clear and unambiguous, not requiring construction after the Act's enforcement.3. Additionally, the appellant claimed the building's completion date should be the occupation date, entitling them to Act benefits. However, the Court held that as per Explanation I of section 2(2), the first assessment date is deemed the completion date if available, making the Act inapplicable to the building.4. The Court dismissed the appeals and special leave petition, directing eviction orders to be executed after 30th June 1982, subject to conditions including vacating the premises, paying arrears, future compensation, and refraining from subletting. Non-compliance would render the eviction decree immediately executable.5. The judgment emphasized adherence to statutory provisions and the explicit language of the Act in determining the building's completion date and applicability of the Act to pre-existing constructions, ultimately upholding the eviction orders.
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