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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ajit Kumar,J.
Raman Arora – Appellant
Versus
Susheel Kumar (Deceased) – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Shri Mohan Srivastava, learned Advocate appearing for revision applicant and Shri Vijay Prakash Mishra, learned Advocate appearing for tenant respondent.
2. By means of this revision application, revision applicant has questioned the order passed by Additional District Judge, Court No. 15, Bulandshahar dated 15.07.2023 whereby it has upheld the maintainability of eviction suit instituted by the landlord before the Judge Small Causes taking a legal view of the enforcement of the Act, namely, Act No. 16 of 2021, namely the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 with effect from the date of its publication in the gazette on 24.08.2021. Questioning the maintainability of suit before the Judge Small Causes Court, the tenant had taken the objection that the ordinance that had later on got converted into an enactment was enforced on 11.01.2021 and, therefore, the Act would be taken to have commenced with effect from 11.01.2021 in view of sub-section 4 of Section-1 of the U.P. Regulation of Urban Premises Tenancy Act, 2021.
3. Learned Advocate appearing for tenant/ revision applicant has argued that statute enacted by competent legislatu
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 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.
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.
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.
The Act of 2021 does not require bonafide requirement of the landlord as a ground for eviction, and the landlord only needs to demonstrate personal need for the premises under Section 21(2)(m) for ev....
Pending suits under the old tenancy laws are preserved and maintainable despite the enactment of new legislation governing tenancies.
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