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ASHUTOSH SRIVASTAVA
Amarjeet Singh – Appellant
Versus
Shiv Kumari Yadav – Respondent
JUDGMENT :
Ashutosh Srivastava, J.
1. Heard Ms. Rama Goel “Bansal” and Ms. Shalini Goel, learned counsel for the petitioner.
2. The challenge in this petition is to the order dated 29.3.2023 passed by the Rent Authority/Additional District Magistrate, Agra as also the order dated 15.12.2023 passed by the Rent Tribunal/Additional District Judge, Court No. 13, Agra whereby and whereunder the preliminary objections of the tenant/petitioner about the maintainability of the proceedings under Section 21 (2) have been rejected and time for filing written statement has been granted by the Rent Authority.
3. The issue raised in this writ petition is purely legal and the Court proceeds to decide the petition on the submissions of the learned counsel for the petitioner and the materials available on record without calling upon the respondent.
4. This Court vide order dated 27.2.2024 after hearing Ms. Shalini Goel, learned counsel for the petitioner and recording her submissions had required her to bring on record the reply filed by the landlord/respondent to the objection taken by the tenant/petitioner to the maintainability of the application under Section 21 (2) of the U.P. Act No. 16 of 2021.
5.
The court clarified that the absence of a written tenancy agreement does not preclude the Rent Authority from maintaining eviction proceedings if the tenancy is acknowledged.
The rent authority can adjudicate landlord applications even without a written tenancy agreement, emphasizing legislative intent to protect landlord rights and limiting jurisdictional constraints.
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.
In the absence of a written agreement between the landlord and tenant, the suit is maintainable in Civil Court, as per Section 4(6) of the Uttarakhand Tenancy Act, 2021.
The main legal point established in the judgment is that non-registration of a rent agreement does not make it void or inadmissible in evidence under the Punjab Rent Act, 1995.
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....
The requirement of a written tenancy agreement under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 is mandatory for avoid automatic eviction rights for l....
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.
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.
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