IMPORTANT POINT
The main legal point established is that the pre-deposit for appeal under Section 35(1) of the U.P. Act No. 16 of 2021 is required to be made with the Rent Authority, as indicated by the expression 'no appeal shall lie', and the mechanism provided in Rule 6 for accepting deposits.

JUDGMENT :

1. Heard Sri Nipun Singh, learned counsel for the petitioner and Sri Sundeep Agarwal, learned counsel representing the plaintiff-respondent no. 3.

2. The learned Standing Counsel has accepted notice of the Writ Petition on behalf of the State-Respondents.

3. The instant Writ Petition at the instance of the Tenant/petitioner has been filed for quashing the order dated 11.03.2024 passed by the District Judge/Rent Tribunal, District Gautam Budh Nagar/Respondent no. 1, in Misc Case No. 58 of 2024 (Mayank Mittal Vs. Pooran Dev Adlakha (Deceased) and others) so far as it relates to the direction to deposit the pre-deposit 50% payable amount with the Rent Authority-Respondent no. 2 and file the receipt in the Appeal under Section 35 of the UP Act No. 16 of 2021 and only thereafter press the Appeal.

4. It is the case of the Writ Petitioner that he is a tenant of the Respondent no. 3. The Respondent no. 3 filed an Application u/s 21 (2) of the U.P. Regulation of Urban Premises Tenancy Act 2021 (U.P. Act No. 16 of 2021) before the Rent Authority/Additional District Magistrate (Finance and Revenue) District Gautam Budh Nagar seeking the eviction of the Petitioner as also for recovery of rent and damages. The application u/s 21 (2) registered as Case No. 72 of 2023 was allowed vide judgment and order dated 26.02.2024 by the Rent Authority directing eviction of the petitioner and further directing the petitioner to pay twice the rent of first two months after September, 2019 and thereafter to pay four times of rent and vacating the premises within 30 days.

5. The petitioner aggrieved by the judgment and order of the Rent Authority has preferred a Rent Appeal u/s 35 (1) of the U.P. Act No. 16 of 2021. Section 35 (1) of the U.P. Act No. 16 of 2021 contemplates pre-deposit of 50% of the entire payable amount under the impugned order of the Rent Authority, for the Appeal to be entertainable.

6. Learned counsel for the petitioner submits that the petitioner submitted the Appeal to the Rent Tribunal along with a Draft of Rs. 16,64,000/-(being 50% of the total amount payable as ordered by the Rent Authority under the order dated 26.02.2024 impugned in the Appeal) but the Rent Tribunal did not accept the Draft and passed the order dated 11.03.2024 (impugned in the present Writ Petition) to deposit the amount before the Rent Authority and file the receipt of the deposit so made along with the Appeal. The Rent Tribunal has not entertained the Appeal and no number has been allotted to it but the case has been registered as Misc. Case No. 58 of 2024. The petitioner has been directed to press the Appeal only after making the deposit before the Rent Authority and has fixed the Appeal for 02.04.2024.

7. Sri Nipun Singh, learned counsel for the petitioner submits that the Rent Tribunal has committed manifest error of law in refusing to accept the pre-deposit of 50% of the amount directed to be paid by the Rent Authority. He submits that the amount being a precondition for maintainability of the Appeal was required to be accepted by the Rent Tribunal. He has invited the attention of this Court to the provisions of Section 35 (1) of the Act as also to Rule 12 of the U.P. Regulation of Urban Premises Tenancy Rules 2021 to demonstrate that there is no provision as to where the amount of pre-deposit would be payable. He also submits that the Form-9 under which the Appeal is to be preferred also does not mention where the pre-deposit is to be made. It is further contended that the Rent Authority under the order dated 26.02.2024 sought to be assailed in the Appeal preferred before the Rent Tribunal had directed eviction of the petitioner within 30 days. The Rent Tribunal has fixed the Case on 02.04.2024 without hearing the Appeal. The Rent Authority has become functus-officio after passing the order dated 26.02.2024. If the amount is not accepted by the Rent Authority the petitioner would be evicted even without his Appeal being heard and it would be travest