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ALOK MATHUR
Mahesh Chandra Agarwal – Appellant
Versus
Rent Tribunal, Addl. District And Session Judge, Court No. 7, Lko. – Respondent
JUDGMENT :
1. The petitioner being aggrieved by the order dated 29/08/2023 passed by the Additional District and Sessions Judge under Section 35 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as the Act of 2021) thereby rejecting the appeal filed by the petitioner and upholding the order of eviction passed by the prescribed authority dated 14/12/2022, has preferred the present writ petition.
2. Ms Aparajita Bansal, learned counsel appearing on behalf of the petitioner has submitted that opposite party No. 3 is the owner of house situated at 253/96, Nadan Mahal Road, Lucknow which consists of 6 shops, one basement and one go-down. Out of the 6 shops, opposite party No. 3 had let out shop no.1 to the petitioner in 1989 and an agreement was also entered into on 3.4.1989 creating a tenancy in his favour for 11 months at the monthly rent of Rs. 500/-. 500/-.
3. An application under section 21(1) of the Act of 2021 was filed by the opposite party No. 3 who is the owner of the property in question which has been tenanted to the petitioner on a monthly rent of Rs. 4000/-. The said property is being utilised by the petitioner for running a shop. It
The Act of 2021 does not require bonafide requirement of the landlord as a ground for eviction, and the landlord only needs to demonstrate personal need for the premises under Section 21(2)(m) for ev....
Landlord only needs to demonstrate requirement for personal occupation under Section 21(2)(m) of the Act, 2021, without needing to prove bona fide necessity or comparative hardship.
The landlord's right to evict tenants for personal use and reconstruction under Section 21(2) of the Act is upheld, with procedural objections deemed waived due to lack of timely challenge.
Compliance with statutory requirements, including pre-deposit and negotiated settlement, is crucial in tenancy disputes under the U.P. Regulation of Urban Premises Tenancy Act, 2021.
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