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SUBHASH VIDYARTHI
Harmeet Singh – Appellant
Versus
Desh Deepak Gupta – Respondent
JUDGMENT :
SUBHASH VIDYARTHI J.
1. Heard Shri Ratnesh Chandra, the learned counsel for the petitioner and Shri Gopesh Tripathi, the learned counsel for the opposite party.
2. The learned counsel for the opposite party does not propose to file a counter affidavit and the petition is being heard finally with the consent of the learned counsel for the parties.
3. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged validity of the judgment and order dared 15.11.2022 passed by the learned Civil Judge (Junior Division), Court No. 16 Raebareli in Civil Miscellaneous Case No. 630 of 2022, whereby the suit filed by the petitioner for the relief of perpetual injunction restraining the defendant/landlord from evicting him from a property in his tenancy, otherwise than in accordance with the law, has been dismissed at the admission stage on the ground that Section 38(1) of the U.P Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as ‘the Act of 2021’) provides that no civil court shall entertain any suit or proceeding insofar as it relates to the provisions of the Act of 2021.
4. The petitioner has also challenge
The U.P Regulation of Urban Premises Tenancy Act, 2021 does not bar Civil Courts from entertaining suits for perpetual injunction by tenants against eviction.
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 civil court retains jurisdiction over injunction suits concerning leased non-agricultural lands, and under applicable statutes, a plaint cannot be rejected partially but must be considered as a w....
The court affirmed that the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, is effective from January 11, 2021, allowing eviction suits even without written agreements, emphasizing judi....
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.
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 ....
The Rent Court has comprehensive jurisdiction over claims relating to both recovery of possession and injunctions in landlord-tenant disputes under the Maharashtra Rent Control Act.
: 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....
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