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SARAL SRIVASTAVA
Vishal Rastogi – Appellant
Versus
Rent Controller/Additional District Magistrate (Judicial) – Respondent
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 th
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.
The rent authority can adjudicate landlord applications even without a written tenancy agreement, emphasizing legislative intent to protect landlord rights and limiting jurisdictional constraints.
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 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.
Since the Rent Tribunals have been given power to deal with incidental matters relating to dispute between landlord and tenant also, the case in hand, where suit for possession has been filed before ....
: Court can always lift such veil and see real purpose of filing of suit. Section 18 of the Rent Control Act of 2001 admittedly bars the jurisdiction of any Civil Court in the matters relating to ten....
(1) Rent and Eviction – Question of title is squarely within domain of Civil Court and not Rent Authority.(2) Judicial Discipline – Doctrine of Binding Precedent helps in promoting certainty and cons....
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.
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