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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW
SUBHASH VIDYARTHI J.
Harmeet Singh – Petitioner
Versus
Desh Deepak Gupta – Respondent
Matters Under Article 227 No. 5133 of 2023
Decided On : 13-09-2024
(A) U.P Regulation of Urban Premises Tenancy Act, 2021 - Jurisdiction of Civil Courts - The Act does not empower rent authority to entertain suits for perpetual injunction by tenants against eviction. The Civil Court retains jurisdiction to hear such suits despite the Act's provisions. (Paras 10, 11)
(B) Civil Procedure - The Civil Judge failed to exercise jurisdiction by dismissing the suit for injunction, rendering the order unsustainable. (Paras 11, 12)
Facts of the case:
The petitioner challenged the dismissal of his suit for perpetual injunction against eviction by the landlord, asserting that the Act does not provide for such a suit.
Findings of Court:
The court found that the Act does not bar Civil Courts from hearing injunction suits, thus the dismissal was incorrect.
Issues: Whether the Act bars Civil Courts from entertaining suits for injunction by tenants against eviction.
Ratio Decidendi: The court ruled that the Act does not confer exclusive jurisdiction on rent authorities for injunction suits, allowing Civil Courts to hear such matters.
Result: Petition allowed; orders set aside.
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 challenged validity of the judgment and order dated 07.08.2023 passed by the learned First Additional District Judge, Raebareli in Civil Revision No. 35 of 2022, whereby the revision has been dismissed and the order dated 15.11.2022 passed by the Civil Judge has been affirmed.
5. Sri. Ratnesh Chandra, the learned counsel for the petitioner has submitted that the Act of 2021 has been enacted to regulate renting of premises and to protect the interests of the landlords and tenants and to provide speedy adjudication mechanism for resolution of disputes and matters connected therewith or incidental thereto. It contains provisions enabling the landlord to file a suit for ejectment/eviction of tenant and for recovery of arrears of rent and damages etc. but it does not contain any provision under which a tenant can file a suit for perpetual injunction for restraining the landlord from dispossessing him from the property in his tenancy otherwise in accordance with law.
6. The learned counsel for the opposite party contends that the landlord is not making any effort to dispossess the petitioner otherwise then in accordance with law and the petitioner has got no cause of action to file a suit against the landlord. However, he does not dispute the legal submission of the learned counsel for the petitioner that the Rent Act, 2021 does not empower the rent authority/rent tribunal to entertain a suit for perpetual injunction filed by the tenant.
7. The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 [Act No. 16 of 2021] is “An Act to establish Rent Authority and Rent Tribunals to regulate renting of premises and to protect the interests of landlords and tenants and to provide speedy adjudication mechanism for resolution of disputes and matters connected therewith or incidental thereto.”
8. Various sections of the Act of 2021 contain provisions for making applications by the landlord and the tenant. A tenant can file an application under Section 10 of the Act requesting the Rent Authority to determine the revised rent in case of dispute. Section 14 authorises a tenant to file an application before the Rent Authority for depositing the rent where the landlord refuses to accept any rent and other charges payable or refuses to give a receipt. Section 20 of the Act empowers a tenant to file an application before the Rent Authority in case a landlord withholds any essential supply or service in the premises occupied by the tenant.
9. Section 21 of the Act of 2021 is titled “Protection of tenant against eviction” and it provides that “A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of sub-section (2) or in accordance with the provisions of s
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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