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HIGH COURT OF UTTARAKHAND AT NAINITAL
SUBHASH UPADHYAY
Shravan Kumar – Appellant
Versus
Sarita Gupta – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding tenant and landlord (Para 1 , 2 , 3) |
| 2. arguments on jurisdiction and compliance issues (Para 4 , 5) |
| 3. interpretation of uttarakhand tenancy act provisions (Para 6 , 7 , 8) |
| 4. legal consequences of lack of written agreement (Para 9 , 10) |
| 5. court's dismissal of the revision application (Para 11 , 12 , 13) |
Judgment :
Subhash Upadhyay, J.
1. The present Civil Revision under Section 25 of the Provincial Small Cause Courts Act, 1887, has been preferred against the order dated 27.01.2026, passed by the Judge, Small Cause Court/1st Additional District Judge, Dehradun, in SCC Case No. 14 of 2024, Sarita Gupta vs. Shravan Kumar Gupta . By the said order dated 27.01.2026, the learned Trial Court rejected the application under Order VII Rule 11 C.P.C., filed by the defendant/revisionist for rejection of the plaint on the ground that the suit was barred under Section 40 of the Uttarakhand Tenancy Act , 2021.
2. The brief facts of the case are that the plaintiff/respondent had filed a suit SCC Case No. 14 of 2024 for arrears of rent, ejectment and mesne profit on the ground that the plaintiff had purchased the said property/three shops through two sale-
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 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 rent authority can adjudicate landlord applications even without a written tenancy agreement, emphasizing legislative intent to protect landlord rights and limiting jurisdictional constraints.
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.
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.
(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 ....
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