HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL
Canara Bank Branch Office – Appellant
Versus
Ashok Kumar @ Heera Singh – Respondent
Based on the provided legal document, the following key points can be summarized:
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) (!) .
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 (!) (!) (!) .
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 (!) (!) .
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 (!) (!) (!) .
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 (!) (!) (!) .
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 (!) (!) .
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 P
Milap Chandra Jain vs. State of Uttar Pradesh
Milap Chandra Jain vs. Roop Kishore
Babita Lila vs. Union of India
Administrator, Municipal Committee Charkhi Dadri v. Ramji Lal Bagla
State of Bihar v. Bihar Rajya Bhumi Vikas Bank Samiti
State of U.P. vs. Manbodhan Lal Srivastava
State of U.P. vs. Babu Ram Upadhya
M/s. Sainik Motors, Jodhpur and others vs. State of Rajasthan
Amit Gupta vs. Gulab Chandra Kanodia
Alok Gupta vs. District Judge/Rent Tribunal and others
Amarjeet Singh vs. Smt. Shiv Kumari Yadav
Vishal Rastogi vs. Rent Controller/Additional District Magistrate (Judicial) And Another
Indu Bhusan Bose vs. Rama Sundari Debi
Accountant and Secretarial Services Pvt. Ltd. and another Vs. Union of India
Ashoka Marketing Ltd. and others Vs. Punjab National Bank and another
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.
The court clarified that the absence of a written tenancy agreement does not preclude the Rent Authority from maintaining eviction proceedings if the tenancy is acknowledged.
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 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....
Creation of tenancy – Oral lease is possible and an unregistered lease deed can be received in evidence under certain circumstances to prove character of possession.
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 legislative framework of rental laws must adapt to socio-economic changes while maintaining fundamental tenant rights to mitigate unbalanced power dynamics between landlords and tenants.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.