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1990 Supreme(SC) 453

K.N.SAIKIA, S.C.AGRAWAL
Vinaya Kumar Shukal – Appellant
Versus
Lakhpat Ram – Respondent


Advocates:
ABHA R.SHARMA, M.C.DHINGRA, R.K.JAIN, R.P.SINGH PAL

Judgment

S. C. AGRAWAL, J.:- This appeal by special leave involves the question as to the interpretation of the provisions of S. 29-A of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act).

2. The Act was enacted by the U. P. State legislature to provide, in the interest of the general public, for the regulation of letting and rent of, and the eviction of tenants from certain classes of buildings situated in urban areas, and for matters connected therewith. The Act, as originally enacted, was confined in its application to buildings only. It was amended by U. P. Act XXVIII of 1976 whereby Section 29-A was inserted with a view to give protection against eviction to certain classes of tenants of land on which building exists. The relevant provisions of Section 29-A read as under:

"(2) This Section applies only to land let out, either before or after the commencement of this Section, where the tenant, with the landlords consent has erected any permanent structure and incurred expenses in execution thereof.

xxx xxx xxx

(4) The tenant of any land to which this Section applies shall be liable to pay to the landlord such rent as













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