NDLI: Geeta Gupta Vs. Ramesh Chandra Dwivedi & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1972 Uttar Pradesh Urban Buildings 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(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 – The appellant acquired a property by a sale deed dated 13.03.1994 – The said property included two gaddis, two godowns and a tin shed (collectively referred as disputed property), which was earlier given by the vendor/predecessors-in-title of the appellant to another person ‘D’ by way of tenancy – An application was filed u/s.16 of the Act by the second respondent for allotment of the said disputed property, on the premise that the disputed property had fallen vacant – An inspection report was prepared – The report recorded that first respondent was carrying on his business in the said disputed property and he was inducted as tenant by ‘D’ in November 1975 – The Addl. City Magistrate held that the first respondent was in continuous possession as a tenant on the basis of an agreement dated 15.11.1975 and he had become a tenant of the disputed premises – Hence, the disputed property was not vacant – A writ petition filed against the said judgment before the High Court was rejected – Before the Supreme Court, the appellant contended that on 05.07.1976, the disputed premises were vacant and after purchasing property in the year 1994, she has not received any income from the said property – Held: The first respondent has relied on the agreement dated 15.11.1975 by which tenancy on him was conferred – There is a finding recorded by the Addl. City Magistrate that the predecessors-in-title of the appellant had never raised any objection right from the year 1975 regarding the possession of the first respondent – Thus, the first respondent was in possession as a tenant prior to 05.07.1976 – So, he shall be deemed to be tenant by virtue of s.14 of the Act – There is no fault in the order of the Addl. City Magistrate – Therefore, if appellant wants eviction of the firstrespondent, she will have to take recourse to s.20 or s.21 of the Act – However, the first respondent is directed to deposit all the arrears of rent in pending proceedings u/s.30 of the Act before the Court of Civil Judge – Thus, there is no error in the view taken by the Addl. City Magistrate and confirmation of the same by the High Court.
Judge	Hon'ble Mr. Justice Abhay.S. Oka
Neutral Citation	2021 INSC 500
Petitioner	Geeta Gupta
Respondent	Ramesh Chandra Dwivedi & Ors.
SCR	[2021] 9 S.C.R. 73
Judgement Date	2021-09-20
Case Number	4750

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