Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U. P. Urban Buildings tenant |
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 |
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 – Proviso to s.21 – Proceedings for release of building under occupation of tenant – On 22.12.2007, the appellant- landlord gave respondents-tenants notice u/s.21(1)(a) of the Act – In the said notice, it is inter alia stated that tenancy of the tenant was being terminated within 30 days of the receiving of the notice and the tenant was asked to hand over the possession – In reply to the notice, the respondents did not raise any objection based on the requirements in the proviso to s.21 – On 20.11.2008, an application was filed u/s.21 of the Act before the Rent Controller – The Rent Controller ordered eviction of the respondents – The respondents appealed before the Appellate Authority, which was dismissed – The respondent filed writ petition before the High Court on the sole ground that the appellant-landlord had not complied with the requirement under the proviso u/s.21(1)(a) insofar as no notice of six months was given prior to the filing of the application – On appeal, held: On facts, it is much after the period of six months of the notice given by the appellant that the proceeding was instituted – The notice served was in conformity with the proviso to s.21 – Further, the respondent has not raised objection relating to defective notice in reply to legal notice, in the written statement before the Rent Controller or before the Appellate Court – Therefore, the objection relating to defecting notice is now capable of being waived – Thus, the impugned order of the High Court is set aside – The order of the Rent Controller, as affirmed by the Appellate Authority is restored with the modification that the appellants will pay a sum of Rs.30,000/- to the respondents in terms of the second proviso to s.21 of the Act. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2021 INSC 843 |
Petitioner | Mahesh Kumar Agarwal (dead) By Lrs |
Respondent | Naresh Chandra & Ors. |
SCR | [2021] 9 S.C.R. 668 |
Judgement Date | 2021-12-08 |
Case Number | 7554 |
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