JUDGMENT Suneet Kumar, J. – The tenant-applicants have approached this Court assailing the judgement and decree dated 7 February 2012, passed by Judge Small Cause Court in S.C.C. Suit No. 37 of 2008 (Israr Ahmad v. Mohd. Tahseen Qamar and another), affirmed by the revisional court/Additional District Judge (Court No. 5), Bareilly vide judgement and order dated 13 October 2015 in S.C.C. Revision No. 7 of 2012. 2. The respondent-landlord instituted a suit for eviction, arrears of rent and for material alteration of the suit property before the Small Causes Court in respect of two shops, the courts below while decreeing the suit held that the provision of Act 13 of 1972 would not apply as the shops were assessed after 1993-1994. The applicant-defendant put in appearance and contested the suit by raising a plea that the disputed property is an old building, therefore, the provision of Act 13 of 1972 was applicable. 3. A concurrent finding of fact has been returned on the issue that the construction of the shops are after 1993- 94, it has been noted in the impugned order that the applicants admitted that they occupied the shops in 1993 and 1995 respectively, the documentary evidence filed by the landlord being the assessment for the year 1992-93 would reflect that the shops in dispute were not assessed, therefore, the court noted that the construction were made thereafter. In the absence of any other material or document, the date of occupancy was taken into consideration. 4. Learned counsel appearing for the applicant sought to re-agitate the issue as to whether the provision of Act 13 of 1972 would apply or not upon the suit property. 5. The Supreme Court in Sudha Rani Garg(Smt.) v. Sri Jagdish Kumar(Dead) and others); 2004(2) ARC 648, while dealing with explanation of section 2(2) held as follows: "The explanation provides for four different dates for determining the date of completion of building. The dates are: (1) when the completion of the building is reported to the local authority, (2) When the completion of the building is otherwise recorded by the local authority. (3) When the first assessment of the building comes into effect. (4) When it is actually occupied. The dates are: (1) when the completion of the building is reported to the local authority, (2) When the completion of the building is otherwise recorded by the local authority. (3) When the first assessment of the building comes into effect. (4) When it is actually occupied. The explanation further provides that in case for the first three categories the dates are available then the earliest of the three dates will be the date of completion of the building and in case the first three dates are not available, then the fourth date will be the date on which construction of the building shall be taken to have been completed". 6. The first Explanation to Section 2(2) is a deeming provision. 7. The document that was produced regarding assessment was for the year 1992-93 which does not assess the shops, therefore, the date of actual occupancy as per the version of applicant-tenant being 1993 and 1995 was taken. 8. The learned counsel for the applicant failed to show any illegality, infirmity or perversity regarding finding returned by the courts below on the question upon appreciating the evidence on record. 9. Having due regard to the facts and circumstances of the case, I do not find any illegality, infirmity or perversity in the impugned orders. 10. The writ petition is accordingly, dismissed. However, it is provided that in case the applicants give an undertaking on oath before the court below that they shall vacate the premises in question and hand over the possession of the same peacefully to the respondent-landlord on or before 15 June 2016, eviction of the applicants be not done till then. The aforesaid undertaking on oath shall be given by the applicants before the court below within a period of fifteen days from today and the applicants shall deposit the monthly rent of the premises in question before the court concerned as per current rent fixed and shall continue to deposit the same by 7th of each calendar month till the vacation of the premises in question, which amount may be permitted to be withdrawn by the respondent-landlord after due verification by the court concerned. 11. In case of default, protection granted above to the applicants shall automatically stand vacated. No order as to costs Petition accordingly dismissed.