UP Urban Premises Tenancy Act | No Requirement Of Prior Notice If Eviction Application For Personal Use Of Property: Allahabad High Court

The Allahabad High Court held that under Section 21(2)(m) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, there is no requirement of prior notice to tenant for filing an eviction application before the rent Authority under the Act, if the eviction is for personal use of the tenanted premises.

Distinguishing the procedure under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 from the Act of 2021, Justice Alok Mathur held,

“According to sub section 2 (m) of Section 21 the landlord has only to demonstrate that the premises are required for his occupation. This provision is clearly distinguishable from the provisions in erstwhile Act No.13 of 1972 where the aspect of comparative hardship and bonafide requirement was to be established by the landlord.”

Factual Background

Petitioner entered into a tenancy agreement with opposite party number 3 (Landlord) favour for shop no.1 for 11 months at the monthly rent of ₹ 500/-. Allegedly, the petitioner had refused to sign the new tenancy agreement which the landlord had prepared after enactment of the Act of 2021 and refused to pay the enhanced monthly rent of ₹ 4000/-. Thereafter, notice was issued to the petitioner to vacate the premises which was not accepted by the petitioner. Subsequently, the Landlord moved an application under Section 21(1) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021.

The Rent Authority allowed the application for eviction on grounds of violation of Section 9(3) (Revision of Rent) of the Act of 2021 since petitioner did not execute the rent agreement as per the Act of 2021 nor did he pay the enhanced rent since 01.03.2021. Petitioner was ordered to vacate the premises within 30 days.

Petitioner filed an appeal before the Rent Tribunal stating that notice was neither given to him nor received by him under the Act of 2021, therefore he was not liable to pay the enhanced rent. It was also argued that he had paid the agreed upon monthly rent which was ₹ 500/-,

In objections, the landlord alleged that the appeal was not maintainable as the petitioner had not deposited fifty percent of the outstanding rent prescribed under Section 35. It was also argued that the Rent Authority had satisfied itself that notices had been served on the petitioner and rent had not been paid by the petitioner before passing the order of eviction.

Additional District and Sessions Judge, acting as the Rent Tribunal under Section 35 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 rejected the appeal filed by the petitioner and upheld the eviction order passed by the Rent Authority.

Before the writ Court, counsel for petitioner argued that the Court below erred in holding that notices were served upon the petitioner. Further, it was argued that no case on comparative hardship is made out as the Landlord and his son have alternate properties where they can reside.

Per Contra, counsel for landlord submitted that the order of eviction was passed as the landlord had established under Section 21 (2)(m) of the Act of 2021 that he required the premises for his personal use.

High Court Verdict

The Court observed that under the new Act of 2021 which replaced the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, the landlord and tenant were under obligation to enter into an agreement in writing and inform the rent authority about the said agreement within 2 months provided that the tenancy is for a period of 12 months or more.

For old and existing tenancy on the date of commencement of the 2021 Act, the Court observed that “the parties are expected to enter into agreement in writing and inform the rent authority within three months of the commencement of the said Act and in case of written agreement obligation is cast upon him to inform the rent authority jointly or separately and present the same to the Rent authority.”

The Court observed that Section 4(3) of the 2021 Act clearly provides that in case of tenancy existing at the time of commencement of Act, once the landlord has submitted his particulars within stipulated period whereas the tenant fails to fill his part of the form and discharge his obligation, he will be liable for eviction.

The Court observed that “simple and summary procedure has been devised under the Act of 2021 for eviction of tenant.”

Elaborating on Section 21 of the 2021 Act, the Court observed that notice is to be given only if conditions in clause (b),(d) and (g) of section 21(2) are being invoked, else there is no requirement of prior notice to the tenant.

The Court held that under the new Act of 2021, for deciding application regarding eviction for tenant for personal use of property, there is no prior notice required to be given by the landlord to the tenant under Section 21(2)(m). Accordingly, the order of the Court below was upheld since the Court had only directed eviction but not ordered payment of rent.

Distinguishing the procedure under new Act from the procedure under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Justice Mathur held

“Exclusions of bonafide requirement of landlord as a ground for eviction has, in fact, materially altered the law in this regard.”

The Court held,

“In absence of the word “bonafide requirement” under the Tenancy Act, 2021 the landlord has to demonstrate that the premises are required by him in its existing form or after demolition for the purpose of its occupation by him.”

The Court held that the tenant has not pleaded or brought on record any material to show that the landlord does not require the premises for use. Accordingly, the writ petition was dismissed.

Case Title: Mahesh Chandra Agarwal v. Rent Tribunal,Addl. District And Session Judge,Court No. 7, Lko. And 2 Others [WRIT - A No. - 7791 of 2023]

Counsel for Petitioner: Nandini Verma, Aprajita Bansal

Counsel for Respondent: Shresth Agarwal

Click Here To Read/Download Order