Tag Archives: Release Application

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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