IMPORTANT POINT
The main legal point established is that the repeal of U.P. Act No. 13 of 1972 by U.P. Ordinance No. 2 of 2021 rendered the release application under the Act non-maintainable.

JUDGMENT :

1. Heard Shri Abu Bakht, learned counsel for the petitioners and Shri Komal Mehrotra, learned counsel for the sole respondent/landlady.

2. The instant writ petition, at the instance of petitioners/tenants, has been filed assailing the order dated 23.5.2023 passed by the learned District Judge, Saharanpur in Rent Appeal No. 15 of 2022 whereby and whereunder the rent appeal has been allowed the order of the learned Prescribed Authority dated 5.3.2022 has been set aside and the matter has been remanded back to the learned Prescribed Authority for considering the release application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972, afresh.

3. The facts giving rise to the controversy involved between the parties lies in a narrow compass. A release application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 was filed on 22.1.2021 by the respondent/landlady against the petitioners setting up a need for her son to expand his business and augment his income so as to meet out family liabilities for the shop ‘A’ and ‘B’, respectively under the tenancy of the petitioners. The release application was registered as PA Case No. 6 of 2021. The petitioners appeared and filed their objections. The learned Prescribed Authority framed an issue as to whether the release application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 was maintainable and proceeded to hold that since the release application was filed on 22.1.2021 after the Uttar Pradesh (Regulation of Urban Premises) Tenancy Act, 2021 (U.P. Act No. 16 of 2021) had come into effect and the U.P. Act No. 13 of 1972 had been repealed the release application registered as PA Case No. 6 of 2021 was not maintainable and no relief could be granted to the landlady/respondent under the U.P. Act No. 13 of 1972. The Prescribed Authority accordingly dismissed the release application vide judgment and order dated 5.3.2022. Aggrieved by the dismissal of the release application as non maintainable, the respondent/landlady preferred an appeal under Section 22 of the U.P. Act No. 13 of 1972 which has been allowed by the impugned order dated 23.5.2023, the order of the Prescribed Authority dated 5.3.2022 has been set aside and the matter has been remanded back for consideration of the release application, afresh.

4. Shri Abu Bakht, learned counsel for the tenant/petitioners submits that the order of the learned District Judge, Saharanpur in allowing the rent appeal by the order dated 23.5.2023 is patently erroneous and is liable to be set aside inasmuch as the release application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 filed on 22.1.2021 was not maintainable as U.P. Act No. 16 of 2021 had come into effect from January 11, 2021 as provided under Section 1 (4) of U.P. Act No. 16 of 2021. It is further contended that sub section 1 of Section 46 of the U.P. Act No. 16 of 2021 provides that the U.P. Act No. 13 of 1972 and the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 and U.P. Ordinance No. 3 of 2021 stand repealed.

5. Shri Komal Mehrotra, learned counsel for the landlady/respondent, on the other hand, submits that the proceedings of U.P. Act No. 13 of 1972 under which Act the release application under Section 21 (1) (a) was preferred was very much in force inasmuch as U.P. Act No. 16 of 2021 has been made operative with retrospective effect from 11.1.2021. Earlier, the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 (U.P. Ordinance No.2 of 2021) was operative. However, it lapsed on 31.2.2021. Consequently, the provisions of U.P. Act No. 13 of 1972 revived and in such view of the matter, the Appellate Court was justified in treating the proceedings initiated under the U.P. Act No. 13 of 1972 to be maintainable. He further submits that Section 46 (2) of the U.P. Act No. 16 of 2021 which relates to repeal and savings provides that all cases and other proceedings under the U.P. Act No. 13 of 1972 pending at the commen