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NEERAJ TIWARI
S. M. Shahnawaz – Appellant
Versus
Bachchu Lal – Respondent
JUDGMENT :
(Neeraj Tiwari, J.)
Heard Sri K.K. Tiwari, learned counsel for the petitioner and Sri Mahesh Sharma, advocate holding brief of Sri G.S. Chauhan, learned counsel for the respondent.
2. Present petition has been filed with following relief;
3. Brief facts of the case are that petitioner has filed P.A. Case No. 2 of 2016 under the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act, 1972'), which was allowed vide judgment and decree dated 21.12.2021. The said decree became final between the parties. Thereafter, petitioner has filed execution case being Civil Misc. Case No. 07 of 2022 before Civil Judge, Mauranipur, Jhansi to execute the judgement and decree dated 21.12.2021. Learned Civil Judge has rejected the execution case on the ground that New Rent Control Act i.e. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as 'Act, 202
Execution of orders under the old Rent Act must be conducted under its provisions, as the new Act does not apply retroactively.
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.
(1) Decree passed by civil court is valid and executable which is not interdicted by applicability of the Act to area in question.(2) Rights of parties have to be determined on the date of filing of ....
Execution of decrees cannot be barred by limitation when the Rent Control Act no longer applies after its repeal.
The main legal point established in the judgment is that a person who approaches the court with unclean hands cannot be granted relief, and dishonest litigants cannot abuse the process of the court.
R.12(3) of the Tamil Nadu Buildings Rules mandates that a court has discretion to stay execution proceedings only if certain conditions are met.
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