Back
2007 Supreme(All) 1465
[2007(6) ADJ 21 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : PRAKASH KRISHNA, J.
SUDHANGSHU KUMAR BANERJEE .........Petitioner
Versus
RADHEY CHARAN SHAH AND ANOTHER ...........Respondent
(Civil Misc. Writ Petition No. 8649 of 2004, decided on 11th May, 2007)
Counsel :
A.C. Tripathi for the Petitioner; S.K. Pandey and Pankaj Naqvi for the Respondents.
Headnote:(A) U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Sections 21(1)(a), 12, 20, 21, 22 and 16—Transfer of Property Act, 1882—Sections 106 and 107—Residential premises—Release of—Prescribed Authority found that need of landlord is not bona fide and genuine—Appeal against—Allowed by appellate Court—Contention that release application was not maintainable in view of permanent lease created in favour of petitioner under compromise decree—On true interpretation of compromise—No inference can be drawn that a lease was created in favour of petitioner-tenant for a period till his death—Relationship of landlord and tenant was already terminated by means of notice under Section 106 of T.P. Act—Which was also culminated into a decree for eviction—No lease was created in favour of petitioner—Moreover, lease was for uncertain period—And was not more than one year—Its registration was not compulsorily registrable—Conditions contained in compromise decree will not take away right of eviction of landlord conferred in Section 21 of Act—Judgment of appellate Court upheld.
(B) U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Section 20—Eviction—Availability of grounds for—A landlord can institute a suit for eviction of a tenant from a building—After determination of his tenancy before a competent Civil Court.
(C) U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Section 21—Eviction—Right of landlord—To get building released under occupation of a tenant on grounds specified therein.
(D) U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Sections 20 and 21—Eviction—Distinction between Sections 20 and 21—Under Section 20, before a proceeding can be initiated, termination of tenancy is sine qua non—But it is not so for getting an accommodation which is in possession of a tenant released under Section 21 of Act.
