IMPORTANT POINT
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.

JUDGMENT :

SARAL SRIVASTAVA, J.

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner by means of the present writ petition under Article 226 of the Constitution of India has assailed the judgment and order dated 31.10.2023 passed by the Rent Authority/Additional District Magistrate (Judicial), Meerut in Case No. 297 of 2022 (Computerized Case No. D202211520000297) (Devendra Kumar Rastogi Vs. Vishal Rastogi) and the judgment and order dated 11.03.2024 passed by the Rent Tribunal/District Judge, Meerut in Misc. Civil Appeal No. 487 of 2023 (Vishal Rastogi Vs. Devendra Kumar Rastogi).

3. The brief facts of the case are that respondent no. 3, who is landlord, instituted Case No. 297 of 2022 (Computerized Case No. D202211520000297) against the petitioner/tenant for eviction from the shop situated at Subhash Bazar, Mawana Kalan, Pargana Hastinapur, Tehsil Mawana, District Meerut (hereinafter referred to as the “suit property”) on the ground of need, and expiry of term of tenancy.

4. The Rent Authority/Additional District Magistrate (Judicial), Meerut, respondent no. 2, found the need of the respondent no. 3 genuine. Consequently, it allowed the release application of the respondent no. 3 under Section 21 (2) (m) of The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as the 'Uttar Pradesh Act No. 16 of 2021') vide order dated 31.10.2023.

5. The petitioner/tenant, thereafter, preferred statutory appeal which was numbered as Misc. Civil Appeal No. 487 of 2023 (Vishal Rastogi Vs. Devendra Kumar Rastogi) before the Rent Tribunal, who affirmed the finding of the Rent Authority and dismissed the appeal by judgment and order dated 11.03.2024.

6. Challenging the aforesaid orders, learned counsel for the petitioner has submitted that the Rent Authority has no jurisdiction to entertain the application of the respondent no. 3 under Section 21 (2) (m) of the Uttar Pradesh Act No. 16 of 2021 inasmuch as admittedly in the present case, no intimation with regard to the tenancy had been given by the respondent no. 3 to the Rent Authority as contemplated under Section 4 (3) of the Uttar Pradesh Act No. 16 of 2021, therefore, the orders impugned are without jurisdiction and are non est in law.

7. To elaborate the aforesaid submission, learned counsel for the petitioner has placed Section 38 of the Uttar Pradesh Act No. 16 of 2021. He submits that under Section 38 (2) of the Uttar Pradesh Act, 2021, it is provided that the jurisdiction of the Rent Authority shall be limited to tenancy agreement submitted to it as specified in the Schedule-I, and since in the present case, no intimation specifying the details given in Schedule-I with regard to the tenancy had been given by the respondent no. 3 under Section 4(3) of the Uttar Pradesh Act No. 16 of 2021, therefore, the Rent Authority lacked jurisdiction to entertain the application under Section 21(2) (m) of the Uttar Pradesh Act No. 16 of 2021 and remedy of the respondent no. 3 is to file regular civil suit in view of the judgment of this Court in the case of Amit Gupta Vs. Gulab Chandra Kanodia in S.C.C. Revision No. 158 of 2022. It is submitted that in such view of the fact, the impugned orders cannot be sustained in law.

8. It is further contended that in the release application under Section 21 (2) (m) of the Uttar Pradesh Act No. 16 of 2021, the respondent no. 3 has not made the prayer for eviction rather has prayed for declaring a vacancy of the suit premises, therefore, since no prayer for eviction has been made by the respondent no. 3, therefore, the Rent Authority as well as Rent Tribunal has erred in law in granting the prayer of eviction.

9. Per contra, learned counsel for the respondent would contend that this Court in the case of Amarjeet Singh Vs. Shiv Kumari Yadav (2024) 163 ALR 775 has held that where the tenancy is admitted, no information as contemplated under Section 4 of the Uttar Pradesh Act No. 16 of 2021