Tag Archives: Bonafide Need

Subsequent Release Application – Maintainability of

If a release application is filed under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for bona fide need of the landlord himself or any member of his family, it may stand frustrated because of some subsequent event and the same is rejected, however, subsequently, because of subsequent event, like need of other family members, who may now have become eligible/competent to carry on business or in case of residential building more accommodation is required because of increase in family etc., etc., or of the landlord himself because of any subsequent event like his retirement etc., which have taken place after rejection of his earlier release application, it cannot be said that the subsequent release application would not be maintainable as again it would be a different cause of action and if held otherwise, it would again frustrate the intention of the law.  Lalit Kumar Upreti v. Chunni Lal Gujral, 2018 (4) AWC 3693.

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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.

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Building in Possession of Tenant – Before its Purchase by Landlord

The first proviso to Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 provides that where the building was in occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of the Act, no application shall be entertained on the grounds, mentioned in Clause (a), unless a period of 3 years has elapsed since the date of such purchase and the landlord has given a notice in that behalf to the tenant not less than six months before such application, and such notice may be given even before the expiration of the aforesaid period of three years. Smt. Meena Begum v. Additional District Judge, 2018 (127) ALR 358.

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Rent Law – Object Of

The object of rent law is to balance the competing claims of the landlord on the one hand to recover possession of building let out to the tenant and of the tenant to be protected against arbitrary increase of rent or arbitrary eviction, when there is acute shortage of accommodation. Though, it is for the legislature to resolve such competing claims in terms of statutory provisions.
In Malpe Vishwanath Acharya v. State of Maharashtra, (1998) 2 SCC 1, the Hon’ble Supreme Court emphasized the need of social legislations like the Rent Control Act striking a balance between rival interests so as to be just to law. The law ought not to be unjust to one and give a disproportionate benefit or protection to another section of the society. While the shortage of accommodation makes it necessary to protect the tenants to save them from exploitation but at the same time the need to protect tenants is coupled with an obligation to ensure that the tenants are not conferred with a benefit disproportionately larger than the one needed. Socially progressive legislation must have a holistic perception and not a short sighted parochial approach.
In Arjun Khiamal Makhijani v. Jamnadas C. Tuliani, (1989) 4 SCC 612, it was observed that provisions contained in such legislations are capable of being categorized into two: those beneficial to the tenants and those beneficial to the landlord. As to a legislative provision beneficial to the landlord, an assertion that even with regard to such provision an effort should be made to interpret it in favour of the tenant, is a negation of the very principle of interpretation of a beneficial legislation. Sidhharth Vyas v. Ravi Nath Misra, (2015) 2 SCC 701.

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