Back
SANJAY KAROL, NONGMEIKAPAM KOTISWAR SINGH
Rajesh Goyal – Appellant
Versus
Laxmi Constructions – Respondent
Key Points: - The Rent Authority lacks jurisdiction to address title or ownership issues of premises, as its power is limited to tenancy matters under Section 38(2) of the U.P. Urban Premises Rent Control Act, 2021 (!) (!) (!) - Multiple courts, including the Supreme Court, affirmed the landlord-tenant relationship and eviction order, directing the tenant to vacate by 31.03.2025 (!) (!) (!) (!) (!) - The Rent Authority's order dated 15.05.2025 allowing restoration of proceedings was void for overstepping jurisdiction and conflicting with final higher court orders (!) (!) (!) - Judicial discipline requires subordinate authorities to unreservedly follow orders of higher courts, and disobedience undermines judicial authority (!) (!) - The tenant's restoration application before the Rent Authority after Supreme Court dismissal constituted abuse of process and overreaching court orders (!) (!) - The Supreme Court issued show cause notice to the Rent Authority for contempt but accepted unconditional apology without career impact (!) (!) - Appeal disposed confirming tenant's obligation to vacate; Rs. 5 Lakhs cost imposed on tenant (!) (!) - Eviction was ordered under Section 21(2) for non-payment of rent arrears (!) (!) (!) (!)
| Table of Content |
|---|
| 1. tenant's obligation to vacate established. (Para 2 , 3 , 4 , 5) |
| 2. restoration proceedings ineffective post-eviction judgment. (Para 6 , 8 , 9) |
| 3. jurisdiction limitations of rent authority. (Para 10 , 11 , 12) |
| 4. judicial discipline and authority adherence emphasized. (Para 13 , 14 , 15) |
| 5. final disposal of the appeal. (Para 16) |
JUDGMENT :
SANJAY KAROL J.
1. Leave Granted.
2. This appeal is at the instance of the tenant challenging the order and judgment passed in Writ Appeal No. 8420 of 2025 by the High Court of Judicature at Allahabad dated 17th July 2025, allowing the landlord’s appeal thereby setting aside the order of the Additional District Magistrate (Administration), Saharanpur1 [Rent Authority] allowing the petition for restoration of proceedings, preferred by the appellant.
3. Our order dated 22nd September 2025 recorded the chequered history of this dispute, in detail. We may reproduce the same:
2. The dispute pertains to Bungalow Hall Municipality No. 2/1410/11 (Old No. 43) Rose Bank, Ahmed Bagh/Chandranagar, Court Road, Saharanpur, Uttar Pradesh. Legal proceedings were initiated under Section 21(2) of the U.P. Urban Premises Rent Control Ordinance
(1) Rent and Eviction – Question of title is squarely within domain of Civil Court and not Rent Authority.(2) Judicial Discipline – Doctrine of Binding Precedent helps in promoting certainty and cons....
The Rent Authority has jurisdiction to entertain eviction applications even without a tenancy agreement under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021.
Landlords need only establish a better title than the tenant in eviction proceedings, and the powers of review are confined to addressing patent errors without reappraising previously settled materia....
The State Government exceeded its jurisdiction under the U.P. Rent Control Act by restoring a sub-letting order that contravenes established tenant rights, emphasizing the requirement that tenants oc....
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
The main legal point established in the judgment is that parties should be held to their commitments made before the Rent Controller and the court, and that pleadings before the Rent Controller shoul....
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
