Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Uttar Pradesh Urban Buildings (regulation of Letting, Rent and Eviction) Act, 1972 (13 of 1972) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, ss. 24A, 24B and 24C-Landlord Government Servant-Directed to vacate government accommodation-Landlord in possession of ground floor of his own house- Whether entitled to. evict tenant in summary proceedings 'dweliing house'-Meaning of.Words & Phrases-'Dwelling House'-Meaning of.The U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act of 1972 was amended in 1976 and Chapter IV A was added. Section 24A, s. 24B and s. 24C are contained in the said Chapter. They provide for summary trial of eviction petitions in certain circumstances. By a Notification dated 17th February, 1982 issued under s.3 of the Cantonments (Extension of Rent Control Laws) Act of 1957, the Government extended to all the cantonments in the State of Uttar Pradesh the provisions of the Rent Act. The appellant-a government servant, was in occupation of the government accommodation at Meerut. He was also owner of a house situated in the cantonment area in Meerut. The house had a ground floor and a first floor with common bathroom and latrine situated on the ground floor. It had also a common courtyard and a common entrance. The ground floor of the house was in his possession while the first floor had been let out to the respondent-tenant. Pursuant to a notice received· by the appellant-landlord to vacate the government quarter, he filed an eviction petition against the respondent-tenant in respect of the first floor of the premises under s. 24 C of the U .P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 on 14th December, 1979. The respondent-tenant contested the application on the ground that the appellant-landlord had two residential houses-one in which he was living and the other in which the respondent-tenant was living and since the appellant-landlord was in possession of a residential accommodation, he had no right to get another residential accommodation vacated from the tenant under the provisions of s. 24B or 24Cof the said Act. The Delegated Authority allowed the petition by its order dated 17th August, 1981 and its order was confirmed in revision by the Additional District Judge.Aggrieved by the order of the Additional District Judge, the respondent tenant moved the High Court under Article 226 of the Constitution. It was contended by the respondent-tenant before the High Court that (i) Chapter IVA had been applied to the Cantonment areas on a subsequent date, i.e. 27th February, 1982, the Act being not applicable to the accommodation in question in November, 1979 when the application under s.248 of the Act was filed by the respondent and as such the same was liable to be dismissed; and (ii) that as the appellant-landlord was living in the ground floor of the said house, petition under s.248 was not maintainable. The High Court upheld the second contention of the respondent-tenant and set aside the order of eviction without deciding the question as to whether the Act would apply to buildings constructed and situated within the cantonment limit. |
Judge | Honble Mr. Justice Sabyasachi Mukherjee |
Neutral Citation | 1986 INSC 257 |
Petitioner | S.p. Jain |
Respondent | Krishna Mohan Gupta & Ors. |
SCR | [1987] 1 S.C.R. 411 |
Judgement Date | 1986-12-04 |
Case Number | 1622 |
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