Category Archives: Release Application

Entertainment of – Release Application

The phrase “entertained” used in the 1st proviso to Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 would mean that the period of three years since the date of purchase by the landlord must have expired when the Prescribed Authority is required to entertain the release application on the grounds mentioned in Clause (a) of Section 21(1) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. This would be a stage reached when the Court applies its judicial mind and takes up the case for decision on merits concerning the grounds mentioned in Clause (a) of Section 21(1) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The word “entertained” would necessarily mean entertain the grounds for consideration for the purpose of adjudication of merits and not at any stage prior thereto, i.e. neither at the stage at which the application is filed in the office of the prescribed authority nor at the stage when summons is issued to the tenant. The crux of the conclusion is that by the time the application for possession on the grounds mentioned in clause (a) of Section 21(1) is taken up by the Prescribed Authority for consideration on merits, at least minimum three years period should have elapsed since the date of purchase of the premises by the landlord/landlady. Pradeep Kumar v. Meena Devi Sahu, 2020 (138) ALR 91.

Leave a comment

Filed under Release Application