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2025 Supreme(All) 3634

HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL, J.
Canara Bank Branch Office and other – Petitioners
Versus
Sri Ashok Kumar @ Heera Singh – Respondent
Matters Under Article 227 No. 626 of 2024
With
M/S Tifco & Associates – Petitioner
Versus
Rachna Rastogi and another – Respondent
Matters Under Article 227 No. 5714 of 2024
Decided On : 16-12-2025

Advocates appeared:
For the Petitioner(s):Krishna Mohan Asthana, Ravi Anand Agarwal, Shreya Gupta, Narendra Kumar Chaturvedi, Rakesh Kumar Singh, Sr. Advocate
For the Respondent(s): Himanshu Mishra, Punya Sheel Pandey, Suvansit Kumar Jaiswal, Vipul Raj Gautam, Atipriya Gautam, Saurabh Patel, Prashant Pandey, Sabya Sachee Rai, Suneel Kumar Rai, Kunal Shah

The rent authority can adjudicate landlord applications even without a written tenancy agreement, emphasizing legislative intent to protect landlord rights and limiting jurisdictional constraints.

Headnote:(A) Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 - Sections 4 and 38 - Jurisdiction of rent authority - The court ruled that the rent authority can entertain applications filed by landlords even where no written tenancy agreement exists, focusing on the desire not to restrict landlords' rights based on procedural adherence, noting conscious legislative choices to omit penalties for non-compliance with notification requirements (Paras 96, 113).

(B) The court emphasized that Section 4(7) allows landlords to file for eviction despite an absence of notice to the authority regarding tenancy, marking a significant departure from the Model Tenancy Act, where such mandates were enforced (Paras 100-104).

Facts of the case:
The judgment addresses petitions by various landlords challenging the jurisdiction of rent authorities in eviction matters when no tenancy agreements were executed (Para 1).

Findings of Court:
The court found that the assumptions that only written agreements could lead to proceedings were incorrect, affirming that unwritten tenancies still allow for eviction proceedings (Paras 97, 112).

Issues: The primary question framed was regarding the jurisdiction of rent authority to entertain landlord applications without an executed tenancy agreement (Para 2).

Ratio Decidendi: The court reiterated that jurisdiction is not solely contingent on documentation; the right to approach the authority remains intact for landlords when tenant status is acknowledged (Paras 98-99).

Result: All writ petitions were dismissed or remanded for further proceedings with specific timelines set for compliance (Para 117).

Judgement Key Points

Based on the provided legal document, the following key points can be summarized:

  1. The legal proceedings involve multiple petitions and cases concerning the jurisdiction and maintainability of eviction and rent disputes under the Act of 2021, as well as the applicability of previous laws and agreements (!) (!) .

  2. The legislative history indicates a conscious departure from previous rent control laws, emphasizing the importance of tenancy agreements and the role of rent authorities in recording and verifying tenancy relationships, whether written or oral (!) (!) .

  3. The Act of 2021 introduces provisions for tenancy agreements, including the requirement for agreements to be informed to the rent authority within specified timeframes, with different rules for new and old tenancies, including those created before the commencement of the Act (!) (!) .

  4. The Act recognizes that failure to submit particulars or execute tenancy agreements does not necessarily bar a landlord from initiating eviction proceedings or approaching the rent authority, especially where the relationship of landlord and tenant is admitted or established through other evidence (!) (!) .

  5. There is a deliberate legislative choice to omit certain penalties or consequences for non-compliance with the provisions related to informing the rent authority about tenancy agreements, indicating that such omissions are intentional and do not imply that the provisions are mandatory in a penal sense (!) (!) .

  6. The jurisdiction of rent authorities is limited to disputes arising under tenancy agreements and does not extend to questions of ownership or title, which remain within the domain of civil courts or other appropriate forums (!) (!) .

  7. The courts have clarified that non-compliance with the requirement to inform or execute tenancy agreements does not automatically render proceedings invalid or non-maintainable; rather, the provisions are primarily procedural and directory in nature (!) (!) .

  8. The legal framework maintains that proceedings initiated prior to the enforcement of the Act of 2021 are generally preserved unless explicitly abated, and the jurisdiction of civil courts for suits related to rent and eviction remains intact unless expressly barred (!) (!) .

  9. The interpretation of the word "shall" in the relevant provisions indicates that, in context, it is not always mandatory in a strict penal sense but may be directory, depending on the legislative intent and the object of the law (!) (!) (!) .

  10. The overall legislative scheme aims to balance the rights of landlords and tenants, promote formalization of tenancy relationships, and facilitate speedy resolution of disputes, while allowing for proceedings to continue even in cases of unwritten agreements or failure to submit particulars to rent authorities (!) (!) (!) .

  11. The courts have consistently held that the absence of specific penalties or consequences for non-compliance does not invalidate proceedings, and procedural provisions should be interpreted in a manner that furthers the legislative intent of effective dispute resolution (!) (!) .

  12. In conclusion, the jurisdiction of rent authorities under the Act of 2021 to entertain applications filed by landlords, even in cases where tenancy agreements are unwritten or particulars have not been filed, is affirmed. The provisions are to be interpreted as enabling, procedural, and directory, rather than mandatory with penal consequences for non-compliance (!) (!) (!) .

  13. The legal process emphasizes that proceedings initiated under the Act of 2021 are maintainable and that existing civil suits or proceedings related to rent and eviction are generally not barred unless explicitly specified, allowing for a continued and integrated approach to tenancy disputes (!) (!) (!) .

  14. The judgments clarify that the legislative intent is to ensure that the relationship of landlord and tenant is recognized and protected, and procedural lapses such as non-filing or non-execution of agreements do not automatically deprive a party of their rights under the law (!) (!) .

  15. Overall, the legal framework and judicial interpretations aim to uphold the rights of both landlords and tenants, ensure procedural flexibility, and prevent technicalities from obstructing justice in tenancy disputes.


JUDGMENT :

ROHIT RANJAN AGARWAL, J.

1. Petitioners in these six cases, nominated to this Court by orders of Hon’ble the Chief Justice dated 5th May, 2025, are either tenants or landlords in respect of buildings let out to them for residential or commercial purpose. Five of the writ petitions are under Article 226 and 227 of Constitution of India while the sixth case is S.C.C. Revision filed under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter called as “the Act of 1887”).

2. The issue raised in all the connected matters, "whether the rent authority, constituted under the provisions of the Act of 2021, has the jurisdiction to entertain application filed by landlord in cases where tenancy agreement has not been executed, if not executed, the landlord having failed to file particulars of tenancy with rent authority" is the same, and with consent of learned counsel for the parties, is being heard and decided together by a common order.

PRELUDE

3. Before adverting to decide the issue in hand, a brief glance of legislative history of both Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called as “the Act of 1972”) and Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter called as “the Act of 2021”) is necessary for better appreciation of the case.

4. Before enactment of the Act of 1972, the field in regard to control of rent and eviction was guided and controlled by United Provinces (Temporary), Control of Rent and Eviction Act, 1947. With passage of time and in view of continuing increase in urban population and relatively slow pace house building activity, mainly due to shortage of materials, the problem of shortage of accommodation became chronic. To tackle the problem, State Government introduced the Bill in the year 1970 with following statement of objects and reasons:-

STATEMENT OF OBJECTS AND REASONS

THE United Provinces (Temporary), Control of Rent and Eviction Act, 1947, was passed as a temporary Act with a view mainly to continuing in force provisions relating to control of letting and rent of accommodation similar to those contained in orders which had been issued under the Defence of India Rules, 1939. It was expected that the situation of shortage of accommodation would be tided over after a short period, and accordingly an Ordinance was promulgated in 1946, and it was replaced by a temporary Act in 1947. In view, however, of the continuing increase in urban population and the relatively slow pace of house-building activity due, mainly, to shortage of materials the problem of shortage of accommodation has become chronic, and the life of the Act, has had to be extended from time to time. Various amendments were also made in its provisions as and when problems arose. Some of the provisions attracted criticism on various grounds in Courts of law and also criticism by informed public opinion. Government gave an assurance to the Legislature that they would soon replace the Act by a new comprehensive legislation, and accordingly, this Bill has been prepared.

The salient features of this Bill are as follows:

1. It is proposed to make the new law a permanent one instead of a temporary measure.

2. Instead of fixing a particular date and applying the law only to buildings constructed till that date it is proposed that the new law shall apply to all buildings after a period of 10 years from the date of completion of their construction. Thus the number of buildings that will be brought under regulation shall be rising progressively as time passes. Ten year holiday from regulation is being provided to give incentive for construction of new buildings.

3. Under section 3 of the old Act the powers of the District Magistrate in the matter of grant of permission for institution of a suit for eviction of a tenant were not defined and he had an unfettered discreation to allow eviction on any ground whatsoever. The grounds on which such eviction of a sitting tenan

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