NDLI: Ramesh Chandra Vs. Iiird Additional District Judge and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transfer of Property
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Transfer of Property Act, 1882 (4 of 1882) 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 Allowed
Headnote	U.P Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972: Sections 2 (2), 20 (2), and 39-Application of Act excluded to any building during ten years from date completion of construction---Building constructed in 1968-Suit for eviction constituted in I 977-Whether Act applicable to the suit building-Expiry of statutory period of ten years during pendency of suit/appeal/revision-Whether makes the Act applicable. Transfer of Property Act, 1882 : Section I 06. The appellant-landlord instituted a suit in the year 1977 for eviction of the respondent-tenant from the suit premises, after giving a notice under Section 106 of the Transfer of Property Act, 1882, terminating the tenancy. The landlord claimed that since the house in question was constructed in 1968, the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not apply to it. The respondent-tenant contended that the building was an old construction and hence the Act was applicable, and since none of the grounds mentioned in Sub-section (2) of Section 20 of the Act was made out, a decree for ejectment could not be passed. The Trial Court held that the Act applied to the house and accordingly, proceeded to decide the case on merits and dismissed the suit. The appellant-landlord's revision under Section 25 of the Provincial Small Causes Courts Act was allowed by the IIIrd Additional District Judge, holding that since the house was constructed in the year 1968, the Act did not apply till 1.9.78, and though benefit of Section 39 of the Act was available to the tenant, since he did not comply with the requirements of the said section, it did not come to his rescue. However, on appeal by the tenant, the High Court held that the Act applied even to the buildings constructed prior to the commencement of the Act and since none of the grounds mentioned in the said Sub-section (2) of Section 20 was satisfied, the suit was liable to fail. In the appeal before this Court, on behalf of the landlord -appellant it was contended that since the suit was instituted prior to 1.9. 78 it was saved and had to he decided without reference to the Act. . On behalf of the respondent-tenant it was contended that the house was an old one, and it was merely repaired in the year 1968, and that the tenant was entitled to the benefit of Section 39, and that since the statutory period of ten years expired during the pendency of the suit, the Act became applicable and the suit must be disposed of only in accordance with the provisions of the Act and in particular, Sub-section (2) of Section 20.
Judge	Hon'ble Mr. Justice B.P. Jeevan Reddy
Neutral Citation	1992 INSC 22
Petitioner	Ramesh Chandra
Respondent	Iiird Additional District Judge And Others
SCR	[1992] 1 S.C.R. 349
Judgement Date	1992-01-22
Case Number	1670

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