[Act No. 13 of 1972 as Amended by U.P. Act
No. 37 of 1972; President's Act No. 19 of 1973; U.P. Act No. 19 of 1974; V.P.
Act No. 30 of 1974; U.P. Act No. 28 of 1976; U.P. Act No. 17 of 1985; U.P Act
No. 11 of 1988 and U.P. Act No. 5 of 1995] Preamble ([1])
An Act to provide, in the interest of the
general public, for the regulation of letting and rent of, and the eviction of
tenants from, certain classes of buildings situated in urban areas, and for
matters connected therewith It is hereby enacted in the Twenty-third
Year of the Republic of India as follows : (1)
This Act may be called the
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act,
1972. (2)
It extends to the whole of
Uttar Pradesh. (3)
It shall apply to-- (a)
every city as defined in the
Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act II of 1959); (b)
every municipality as defined
in the United Provinces Municipalities Act, 1916 (U.P. Act II of 1916); (c)
every notified area constituted
under the United Provinces Municipalities Act, 1916 (U.P. Act II of 1916); and (d)
every town areas constituted
under the United Provinces Town Areas Act, 1914 (U.P. Act II of 1914): Provided that the
State Government, if it is satisfied that it is necessary or expedient so to do
in the interest of the general public, residing in any other local areas may,
by notification in the Gazette, declare that this Act or any art thereof shall
apply to such area, and thereupon this Act or part shall apply to such area; Provided further
that the State Government, if it is satisfied that it is necessary or expedient
so to do in the interest of general public may, by notification in the
Gazette-- (i)
cancel or amend any
notification issued under the preceding proviso; or (ii)
declare that the Act or any
part thereof, as the case may be, shall cease to apply to any such city,
municipality, notified area, town area or other local area as may be specified,
and thereupon this Act or part shall cease to apply to that city, municipality,
notified area, town area or other local area, and may in the like manner cancel
or amend such declaration. (4)
It shall come into force on
such date as the State Government may, by notification in the Gazette, appoint. (1)
Nothing in this Act shall apply
to [2][the
following namely],-- [3][[4][(a)
any building of which the Government or a local authority or a public sector
corporation, [5][or
a Cantonment Board] is the landlord; or] (b) ???any building belonging
to or vested in a recognised educational institution, [* * *][6];
or [7](bb) any building belonging to or vested in a public charitable or
public religious institution; (bbb) any building belonging to or vested in a waqf including a
waqf-alal-aulad;] (c) ????any building used or
intended to be used as a factory within the meaning of the Factories Act, 1948
(Act No. LXIII of 1948), [8][where
the plant of such factory is leased out alongwith the building]; or (d) ???any building used or
intended to be used for any other industrial purpose (that is to say, for the
purpose of manufacture, preservation or processing of any goods) or as a cinema
or theatre, where the plant and apparatus installed for such purpose in the
building is leased out along with the building: Provided that
nothing in this clause shall apply in relation to any shop or other building,
situated within the precincts of the cinema or theatre, the tenancy in respect
of which has been created separately from the tenancy in respect of the cinema
or theatre; or (e) ????any building used or
intended to be used as a place of public entertainment or amusement (including
any sports stadium, but not including a cinema or theatre), or any building
appurtenant thereto; or (f) ????any building built and
held by [9][*
* *] a society registered under the Societies Registration Act, 1860 (Act No.
XXI of 1860) or by a co-operative society, company or firm, and intended solely
for its own occupation or for the occupation of any of its officers or
servants, whether on rent or free of rent, or as a guest house, by whatever
name called, for the occupation of persons having dealing with it in ordinary
course of business; [10](g) any building, whose monthly rent exceeds two thousand rupees; (h) ???any building of which a
Mission of a foreign country or any international agency is the tenant.] [11][(2) Except as provided in sub-section (5) of Section 12,
sub-section (1-A), of Section 21, sub-section (2) of Section 24, Sections 24-A,
24-B, 24-C or sub-section (3) of Section 29, nothing in this Act shall apply to
a building during a period of ten years from the date on which its construction
is completed]: [12][Provided that where any building is constructed substantially out
of funds obtained by way of loan or advance from the State Government or the
Life Insurance Corporation of India or a bank or a co-operative society or the
Uttar Pradesh Avas Evam Vikas Parishad, and the period of repayment of such
loan or advance exceeds the aforesaid period of ten years, then the reference
in this sub-section to the period of ten years shall be deemed to be a reference
to the period of fifteen years or the period ending with the date of actual
repayment of such loan or advance (including interest), whichever is shorter]; [13][Provided further that where construction of a building is completed
on or after April 26,1985 then the reference in this sub-section to the period
of ten years shall be deemed to be a reference to a period of [14][forty
years] from the date on which its construction is completed.] Explanation I.--[15]
[For the purposes of this section],-- (a)
the construction of a building
shall be deemed to have been completed on the date on which the completion
thereof is reported to or otherwise recorded by the local authority having
jurisdiction, and in the case of building subject to assessment, the date on
which the first assessment thereof comes into effect, and where the said dates
are different, the earliest of the said dates, and in the absence of any such
report, record or assessment, the date on which it is actually occupied (not
including occupation merely for the purposes of supervising the construction or
guarding the building under construction) for the first time: Provided that
there may be different dates of completion of Construction in respect of different
parts of a building which are either designed as separate units or are occupied
separately by the landlord and one or more tenants or by different tenants; (b)
"construction"
includes any new construction in place on an existing building which has been
wholly or substantially demolished; (c)
where such substantial addition
is made to an existing building that the existing building becomes only a minor
part thereof the whole of the building including the existing building shall be
deemed to be constructed on the date of completion of the said addition. [16][Explanation II.--The expression "bank" means-- (i)
a banking company, as defined
in the Banking Regulation Act, 1949; (ii)
the State Bank of India
constituted under the State Bank of India Act, 1955; (iii)
a subsidiary bank, as defined
in the State Bank of India (Subsidiary Banks) Act, 1959; (iv)
a corresponding new bank
constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970; (v)
a financing bank or Central
Bank (as defined in the Uttar Pradesh Co-operative Societies Act, 1965), not
being a Land Development Bank; and (vi)
any other financial institution
notified by the State Government in the Gazette as a bank for the purpose of
this Act. Explanation
III.--A building shall be deemed to be constructed substantially out of funds
obtained from sources mentioned in the proviso, if the funds obtained from
sources mentioned in the proviso, and if the funds obtained from one or more of
such sources, account for more than one-half of the cost of construction.] (3) [17][*
* *] [18][2-A. Special provisions for short term licence.-- (1)
Notwithstanding anything
contained in this Act, a person occupying a building as owner or as tenant or
in any other capacity (hereinafter in this section referred to as licensor) may
permit any other person (hereinafter in this section referred to as licensee)
to occupy for purely temporary residential accommodation for a period not
exceeding three months without any order of allotment under Section 16 : Provided that
intimation of the grant of such licence shall be given jointly by the licensor
and the licensee to the District Magistrate within one month from the date of
occupation of the building or part by the licensee; Provided further
that the District Magistrate may, by order, extend the maximum period of such
temporary occupation up to 6 months in the aggregate (including the original
period of occupation); Provided also
that similar licence shall not be granted again to any other person in respect
of the same building or part within a period of one year from the date of
vacation of the building or part by the last licensee. (2)
Such licensee shall not be
deemed to be a tenant for purposes of Section 20, notwithstanding that he pays
or is liable to pay rent for such occupation. (3)
Such licensor shall not be
deemed to have ceased to occupy such building or part within the meaning of
Section 12 merely on the ground of having granted such licence. (4)
The District Magistrate shall
not make an allotment under Section 16 in respect of the building or part
vacated by the licensee except with the consent of the landlord. (5)
If the licensee omits or
refuses to vacate the building or part after the expiry of the period of
licence the licensor may make an application to the prescribed authority for
his eviction, and the prescribed authority shall thereupon order his eviction,
and its order shall be final: Provided that no
order shall be made under this sub-section except after giving to the parties
concerned a reasonable opportunity of being heard. (6)
The provisions of Section 23
shall apply to an order made under subsection (5) as if it were an order made
under Section 21 or under Section 22. (1)
The State Government may, by a
notified order, constitute one or more Tribunals (to be called Rent Control
Tribunals) in each district, and may likewise cancel or amend such order. (2)
Where a Tribunal has been
constituted in a district under sub-section (1), the State Government may, by a
notified order, confer all or any of the powers of the District Magistrate or
the prescribed authority under this Act on such Tribunal, and thereupon, such
Tribunal shall, notwithstanding anything contained in any other provision of
this Act, be deemed to be the District Magistrate or the prescribed authority,
as the case may be, for the purposes of this Act, and all cases pending with
the District Magistrate or with the prescribed authority, as the case may be,
immediately before the constitution of such Tribunal shall stand transferred to
the Tribunal, and any further proceedings before the Tribunal shall continue
from the stage at which a case is so transferred, and the cases shall be
disposed of by the Tribunal.] In this Act,
unless the context otherwise requires-- (a)
"tenant", in relation
to a building, means a person by whom its rent is payable, and on the tenant's
death-- [19][(1) in the case of a residential building, such only of his heirs
as normally resided with him in the building at the time of his death; (2) ????in the case of a
non-residential building, his heirs]; [20][Explanation.-- An occupant of a room in a hotel or a lodging house
shall not be deemed to be a tenant]; (b)
"house tax" means the
tax mentioned in Section 128 (1) (i) of the United Provinces Municipalities
Act, 1916 (U.P. Act II of 1916), or Section 173 (1) (a) of the Uttar Pradesh
Nagar Mahapalika Adhiniyam, 1959 (U.P. Act II of 1959), or as the case may be,
Section 14 (1) (e) of the United Provinces Town Areas Act, 1914 (U.P. Act II of
1914); (c)
"District Magistrate"
includes an officer authorised by the District Magistrate to exercise, perform
and discharge all or any of his powers, functions and duties under this Act,
and different officers may be so authorised in respect to different areas or
cases or classes of cases, and the District Magistrate may recall any case from
any such officer and either dispose of it himself or transfer it to any other
such officer for disposal: [21][Provided that nothing in this clause shall be construed to empower
the District Magistrate to delegate his power to make or authorise the making
of a complaint under Section 33]; (d)
(d) "prescribed"
except in clause (e), means prescribed by rules made under this Act; [22][(e ) "prescribed authority" means a Civil Judicial
Officer or Judicial Magistrate authorised by the District Judge to exercise,
perform and discharge all or any of the powers, functions and duties of the
prescribed authority under this Act, and different such officers may be so authorised
in respect of different areas or cases or classes of cases, and the District
Judge may recall any case from any such officer and may transfer it for
disposal to any other such officer]; (f) ????"assessment",
in relation to a building, means the assessment or proportionate assessment, as
the case may be, of the letting value thereof by the local authority having
jurisdiction and "assessed" shall be construed accordingly; (g) ????"family", in
relation to a landlord or tenant of a building, means, his or her-- (i)
spouse, (ii)
male lineal descendants, (iii)
such parents, grandparents and
any unmarried or widowed or divorced or judicially separated daughter or
daughter of a male lineal descendant, as may have been normally residing with
him or her, and includes, in relation to a landlord, any female having a legal
right of residence in that building; (h) ????"the old
Act", means the United Provinces (Temporary) Control of Rent and Eviction
Act, 1947 (U.P. Act No. III of 1947); (i) ?????"building",
means a residential or non-residential roofed structure and includes-- (i)
any land (including any
garden), garages and out-houses, appurtenant to such building; (ii)
any furniture supplied by the
landlord for use in such building; (iii)
any fittings and fixtures
affixed to such building for the more beneficial enjoyment thereof; (j) ?????"landlord",
in relation to a building, means a person to whom its rent is or if the
building were let, would be, payable and includes, except in clause (g), the
agent or attorney, of such person; (k) ????"standard
rent", subject to the provisions of Sections 6, 8 and 10, means-- (i)
in the case of building
governed by the old Act and let out at the time of the commencement of this
Act-- (a)
where there is both an agreed
rent payable therefor, at such commencement as well as a reasonable annual rent
[which in this Act has the same meaning as in Section 2(f) of the old Act,
reproduced in the Schedule] the agreed rent or the reasonable annual rent plus
25 per cent thereon, whichever is greater; (b)
where there is no agreed rent,
but there is a reasonable annual rent, the reasonable rent plus 25 per cent
thereon; (c)
where there is neither agreed
rent nor reasonable annual rent, the rent as determined under Section 9; (ii)
in any other case, the assessed
letting value, for the time being in force, and in the absence of assessment,
the rent determined under Section 9; (l) ?????State
Government", means the Government of Uttar Pradesh; (m) ???"local
authority" means a Nagar Mahapalika, municipal board, notified area
committee or town area committee, [23][a
Zila Parishad, a Development Authority established under the Uttar Pradesh
Urban Planning and Development Act, 1973, or the Uttar Pradesh Avas Evam Vikas
Parishad established under the Uttar Pradesh Avas Evam Vikas Parishad
Adhiniyam, 1965]; [24][(n) "improvement", in relation to a building, means any
addition to it or alteration thereof or the provision of any new amenity to the
tenant, and includes all repairs made in any year the cost whereof exceeds the
amount of two months' rent thereof; (o) ????"public
building" means any building belonging to or taken on lease or
requisitioned by or on behalf of the Central Government or a State Government
(including the Government of any other State), and includes any building
belonging to or taken on lease by or on behalf of any local authority or any
public sector corporation; (p) ????"public sector
corporation" means any corporation owned or controlled by the Government,
and includes any company as defined in Section 3 of the Companies Act, 1956, in
which not less than fifty per cent of the paid up share capital is held by the
Government; (q) ????"recognised
educational institution" means [25][any
University established by law in India, or] any institution recognised under
the Intermediate Education Act, 1921 or the Uttar Pradesh Basic Education Act,
1972 or recognised or affiliated under the Uttar Pradesh State Universities
Act, 1973; (r) ?????"charitable
institution" means any establishment, undertaking organisation or
association formed for a charitable purpose and includes a specific endowment; Explanation.--For
the purposes of this clause, the words "charitable purpose" includes
relief of poverty, education, medical relief and advancement of any other
object of utility or welfare to the general public or any section thereof, not
being an object of an exclusively religious nature; (s) ?????"religious
institution" means a temple, math, mosque, church, gurudwara or any other
place of public worship, [26][*
* *] CHAPTER ? II ? REGULATION OF RENT (1)
No landlord shall take or
receive for admitting a tenant to any building any premium or additional
payment over and above the rent payable therefor, nor shall a tenant take or
receive any premium for admitting a sub-tenant or any other person. (2)
Except as provided in Sections
5, 6, 7,[27][8,
9-A and 10], the rent payable for any building shall be such as may be agreed
upon between the landlord and the tenant, and in the absence of any agreement,
the standard rent. In the case of a
tenancy continuing from before the commencement of this Act, in respect of a
building to which the old Act was applicable, the landlord may, by notice in
writing, given within three months from the commencement of this Act, enhance
the rent payable therefor to an amount not exceeding the standard rent, and the
rent so enhanced shall be payable from the commencement of this Act. Notwithstanding
anything contained in Section 4 or Section 5, but subject to the provisions of
Section 8, where the landlord had, after the commencement of this Act, either
with the consent of the tenant or in pursuance of any requirement of law, made
any improvement in a building, he may by notice in writing to the tenant, given
within three months from the date of completion of the improvement, enhance the
monthly rent of the building by an amount not exceeding one per cent of the actual
cost of such improvement, with effect from the said date, and thereupon the
standard rent of that building shall stand enhanced accordingly. Subject to any
contract in writing to the contrary, but notwithstanding anything contained [28]in
Section 149 of the Uttar Pradesh Municipalities Act, 1916], the tenant shall be
liable to pay to the landlord in addition to and as part of the rent, the
following taxes or proportionate part thereof, if any, payable in respect of the
building or part under his tenancy, namely,-- (a)
the water tax; (b)
twenty-five per cent of every
such enhancement in house tax made after the commencement of this Act, or such
portion thereof, as is not accrued on account of the increase in the assessment
of the building as a result of the enhancement of rent under the provisions of
Section 5: Provided that
nothing in this section shall apply in relation to a tenant the rate of rent
payable by whom for the time being (excluding any enhancement of rent under provisions
of Section 5) does not exceed twenty-five rupees per month. (1)
Where a dispute arises with
regard to the amount of the standard rent or to the amount of enhancement in
rent permissible under Section 5 or Section 6 or to the date with effect from
which such enhancement shall take effect, or to the amount of taxes payable by
tenant under Section 7, or to the amount of proportionate rent payable by the
tenant after a part of the building or any land appurtenant thereto is released
under Section 16 or Section 21, or to the amount of rent payable by the
original tenant for the new building allotted to him under subsection (2) of
Section 24, the District Magistrate shall, on an application being made in that
behalf, by order [29][determine
such dispute]. (2)
Where the assessment of a
building occupied by a tenant is lower than the agreed rent payable therefor,
the District Magistrate, on an application of the tenant or of his own motion, may,
after giving to the landlord an opportunity of being heard, direct the local
authority concerned to enhance the assessment in accordance with the agreed
rent with effect from the date from hich the agreed rent has been payable or
the date of commencement of this Act, whichever is later, and thereupon,
notwithstanding anything contained in the law relating to that local authority,
the assessment shall be corrected accordingly. (3)
Every order under sub-section
(1) or sub-section (2) shall, subject to the result of any appeal preferred
under Section 10, be final. (1)
In the case of a building to
which the old Act was applicable and which is let out at the time of the
commencement of this Act in respect of which there is neither any reasonable
annual rent nor any agreed rent or in any other case where there is neither any
agreed rent nor any assessment in force, the District Magistrate shall, on an
application being made in that behalf, determine the standard rent. (2)
In determining the standard
rent the District Magistrate may consider-- (a)
the respective market-value of
the building and of its site immediately before the date of commencement of
this Act or the date of letting, whichever is later (hereinafter in this Section
referred to as the said date); (b)
the cost of construction,
maintenance and repairs of the building; (c)
the prevailing rents for
similar buildings in the locality immediately before the said date; (d)
the amenities provided in the
building; (e)
the latest assessment, if any,
of the building; (f)
any other relevant fact which
appears in the circumstances of the case to be material. [30][(2-A) Subject to the provisions of sub-section (2), the District
Magistrate shall ordinarily consider ten per centum per annum on the
market-value of the building (including its site) on the said date to be the
annual standard rent thereof, and the monthly standard rent shall be equal to
one-twelfth of the annual standard rent so calculated.] (3)
Every order made under
sub-section (1) shall, subject to the result of any appeal preferred under
Section 10, be final. [31][9-A. Revision of rent of commercial building let out by public
religious institutions.-- (1)
Where any building belonging to
a public charitable or public religious institution has been let out to a
tenant for the purposes of a shop or commercial establishment, then
notwithstanding anything contained in this Chapter, or in any contract or
lease, the landlord of such building may apply to the District Magistrate for
revision of the monthly rent payable therefor, and such rent shall be revised
to a sum equivalent to one-twelfth of ten per centum of the market value of the
building under tenancy: Provided that the
rent revised under this sub-section shall not exceed double the rent payable on
the date of the application by the landlord under this subsection. (2)
The rent revised under
sub-section (1) shall be payable by the tenant from the commencement of the
month of tenancy next following the date of the application. (3)
Where the rent of any building
had been revised in accordance with sub-section (1), then the landlord shall
not be entitled to move a fresh application under the said sub-section within a
period of five years from the date of the final order. Explanation.--In
this section, the expressions "shop" and "commercial
establishment" shall have the meaning assigned to them in the Uttar
Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962, as amended from time to
time.] (1)
Any person aggrieved by an
order of the District Magistrate under Section 8 or Section 9 [32][or
Section 9-A] may, within thirty days from the date of the order, prefer an
appeal against it to the District Judge, and the District Judge may either
dispose it of himself or assign it for disposal to an Additional District Judge
under his administrative control, and may recall it from any such officer, or
transfer it to any other such officer. (2)
The appellate authority may
confirm, vary or rescind the order, or remand the case to the District
Magistrate for rehearing, and may also take any additional evidence, and
pending its decision, stay the operation of the order under appeal on such
terms, if any, as it thinks fit. (3)
No further appeal or revision
shall lie against any order passed by the appellate authority under this
section, and its order shall be final. CHAPTER III ? REGULATION OF LETTING Save as
hereinafter provided, no person shall let any buildings except in pursuance of
an allotment order issued under Section 16. CHAPTER III ? REGULATION OF LETTING (1)
A landlord or tenant of a
building shall be deemed to have ceased to occupy the building or a part
thereof if-- (a)
he has substantially removed
his effects therefrom, or (b)
he has allowed it to be
occupied by any person who is not a member of his family, or (c)
in the case of a residential
building, he as well as members of his family have taken up residence, not
being temporary residence, elsewhere. (2)
In the case of non-residential
building, where a tenant carrying on business in the building admits a person
who is not a member of his family as a partner or a new partner, as the case
may be, the tenant shall be deemed to have ceased to occupy the building. (3)
In the case of a residential
building, if the tenant or any member of his family builds or otherwise
acquires in a vacant state or gets vacated a residential building in the same
city, municipality, notified area or town area in which the building under
tenancy is situate, he shall be deemed to have ceased to occupy the building
under his tenancy: Provided that if
the tenant or any member of his family had built any such residential building
before the date of commencement of this Act, then such tenant shall be deemed
to have ceased to occupy the building under his tenancy upon the expiration of
a period of one year from the said date. [33][Explanation.--For the purposes of this sub-section-- (a)
a person shall be deemed to
have otherwise acquired a building, if he is occupying a public building for
residential purposes as a tenant, allottee or licensee; (b)
the expression "any member
of family", in relation to a tenant, shall not include a person who has
neither been normally residing with nor is wholly dependent on such tenant.] [34][(3-A) If the tenant of a residential building holding a
transferable post under any Government or local authority or a public sector
corporation or under any other employer has been transferred to some other
city, municipality, notified area or town area, then such tenant shall be
deemed to have ceased to occupy such building with effect from the thirtieth
day of June following the date of such transfer or from the date of allotment
to him of any residential accommodation (whether any accommodation be allotted
under this Act or any official accommodation is provided by the employer) in
the city, municipality, notified area or town area to which he has been so
transferred, whichever is later. (3-B) If the tenant of a residential building is engaged in any
profession, trade, calling or employment in any city, municipality, notified
area or town area in which the said building is situate, and such engagement
ceases for any reason whatsoever, and he is landlord of any other building in
any other city, municipality, notified area or town area, then such tenant
shall be deemed to have ceased to occupy the first mentioned building with
effect from the date on which he obtains vacant possession of the last
mentioned building whether as a result of proceedings under Section 21 or
otherwise]. (4)
Any building or part which a
landlord or tenant has ceased to occupy within the meaning of sub-section (1),
or sub-section (2), or [35][sub-section
(3), sub-section (3-A), or sub-section (3-B)], shall, for the purposes of this
Chapter, be deemed to be vacant. [36][(5) A tenant or, as the case may be, a member of his family,
referred to in sub-section (3) shall, have a right, as landlord of any
residential building referred to in the said sub-section which may have been
let out by him before the commencement of the Uttar Pradesh Urban Buildings
(Regulation of Letting, Rent and Eviction) (Amendment) Act, 1976 to apply under
clause (a) of sub-section (1) of Section 21 for the eviction of his tenant from
such building, notwithstanding that such building is one to which the remaining
provisions of this Act do not apply.] Where a landlord
or tenant ceases to occupy a building or part thereof, no person shall occupy
it in any capacity on his behalf, or otherwise than under an order of allotment
or release under Section 16, and if a person so purports to occupy it, he
shall, without prejudice to the provisions of Section 31, be deemed to be an
unauthorised occupant of such building or part. [37][Notwithstanding anything contained in this Act or any other law for
the time being in force, any licensee (within the meaning of Section 2-A) or a
tenant in occupation of a building with the consent of the landlord immediately
before the commencement of the Uttar Pradesh Urban Buildings (Regulation of
Letting, Rent and Eviction) (Amendment) Act, 1976, not being a person against
whom any suit or proceeding for eviction is pending before any Court or
authority on the date of such commencement shall be deemed to be an authorised
licensee or tenant of such building.] (1)
Every landlord shall, on a
building falling vacant by his ceasing to occupy it or by the tenant vacating
it or by release from requisition or in any other manner whatsoever, give
notice of the vacancy in writing to the District Magistrate not later than
seven days after the occurrence of such vacancy, and such notice may at the
opinion of the landlord be given before the occurrence of the vacancy. (2)
Every tenant so vacating a
building shall give notice thereof in writing to the District Magistrate and
also to the landlord not less than fifteen days before the vacancy. (3)
The notice under sub-section
(1) or sub-section (2) shall contain such particulars as may be prescribed. (4)
The District Magistrate, on
being satisfied on an application made to him in that behalf that there was
sufficient cause for the landlord or the tenant not to give notice under
sub-section (1) or subsection (2) within time, may condone such delay. (1)
Subject to the provisions of
the Act, the District Magistrate may, by order-- (a)
require the landlord to let any
building which is or has fallen vacant or is about to fall vacant, or a part of
such building but not appurtenant land alone, to any person specified in the
order (to be called an allotment order); or (b)
release the whole or any part
of such building, or any land appurtenant thereto, in favour of the landlord
(to be called a release order): [38][Provided that in the case of a vacancy referred to in sub-section
(4) of Section 12, the District Magistrate shall give an opportunity to the
landlord or the tenant, as the case may be, of showing that the said section is
not attracted to his case before making an order under clause (a).] (2)
No release order under clause
(b) of sub-section (1) shall be made unless the District Magistrate is
satisfied that the building or any part thereof or any land appurtenant thereto
is bona fide required, either in its existing form or after demolition and new
construction, by the landlord for occupation by himself or any member of his
family, or any person for whose benefit it is held by him, either for
residential purposes or for purposes of any profession, trade, calling or where
the landlord is the trustee of a public charitable trust, for the objects of
the trust, or that the building or any part thereof is in a dilapidated
condition and is required for purposes of demolition, and new construction, or
that any land appurtenant to it is required by him for constructing one or more
new buildings or for dividing it into several plots with a view to the sale
thereof for purposes of construction of new buildings: Provided that no
application under this sub-section shall be entertained for the purposes of a
charitable trust the objects of which provide for discrimination in respect of
its beneficiaries on the ground of religion, caste or place of birth. (3)
The allotment order shall
specify-- (a)
whether the building shall be
used by the tenant for residential or non-residential purposes; (b)
in the case of business
purpose, the names of proprietors or partners of the business; (c)
the date, which shall not be
earlier than seven days after the date of the order, by which the landlord
shall deliver possession to the allottee; (d)
such other particulars as may be
prescribed. (4)
Where the allottee or the
landlord has not been able to obtain possession of the building allotted to him
or, as the case may be, released in his favour, or any part thereof, [39][*
* *] the District Magistrate, on an application of the allottee or the
landlord, as the case may be, may by order evict or cause to be evicted any
person named in the order as well as every other person claiming under him or
found in occupation, and may for that purpose use or cause to be used such
force as may be necessary and put or cause to be put the allottee or the
landlord in possession of the building or part. (5)
(a) Where the landlord or any
other person claiming to be a lawful occupant of the building or any part
thereof comprised in the allotment or release order satisfies the District
Magistrate that such order was not made in accordance with clause (a) or clause
(b), as the case may be, of sub-section (1), the District Magistrate may review
the order: Provided that no
application under this clause shall be entertained later than seven days after
the eviction of such person. (b) Where the
District Magistrate on review under this sub-section sets aside or modifies his
order of allotment or release, he shall put or cause to be put the applicant,
if already evicted, back into possession of the building, and may for that
purpose use or cause to be used such force as may be necessary. (6)
If the District Magistrate
finds an application given under sub-section (5) to be false or frivolous, he
shall by order award to the allottee or the landlord, as the case may be,
against the applicant special costs which shall not exceed five hundred rupees. (7)
Every order under this section
shall,[40][subject
to any order made under Section 18], be final. (8)
The allottee shall, [41][subject
to the provisions of sub-sections (5) and (9), and Section 18], be deemed to
become tenant of the building from the date of allotment or, where he is unable
to obtain possession by reason of a stay order or of any other person having
occupied or continued to occupy the building, from the date on which he obtains
possession. [42][(9) The District Magistrate shall, while making an order under
clause (a) of sub-section (1), also require the allottee to pay to the landlord
an advance, equivalent to,-- (a)
where the building is situated
in a hill municipality, one-half of the yearly presumptive rent; and (b)
in any other case, one month's
presumptive rent, and on his failure to make or offer the payment within a week
thereof, rescind the allotment order. Explanation.--In
this sub-section the expression " presumptive rent" means an amount
of rent which the District Magistrate prima facie considers reasonable having
regard to the provisions of sub-sections (2) and (2-A) of Section 9; provided
that such amount shall not be less than the amount of rent which was payable by
the last tenant, if any. (10) ?Nothing in sub-section
(9) shall be construed to require the District Magistrate to take any evidence
or hold any formal inquiry before fixing the presumptive rent of the building
allotted, and the amount mentioned in the allotment order as presumptive rent
shall be subject to any agreement in writing between the parties or to any
subsequent determination of standard rent after formal inquiry under Section 9: Provided that
until the presumptive rent is so revised by agreement or by an order under
Section 9, the tenant shall continue to be liable to pay rent according to the
presumptive rent specified in the allotment order, so however, that any
subsequent order under Section 9 shall relate back to the date of commencement
of the tenancy.] (1)
Where the District Magistrate
receives an intimation, under sub-section (1) of Section 15, of the vacancy or
expected vacancy of a building, any allotment order in respect of that building
shall be made and communicated to the landlord within twenty-one days from the
date of receipt of such intimation, and where no such order is so made or
communicated within the said period, the landlord may intimate to the District
Magistrate the name of a person of his choice, and thereupon the District
Magistrate shall allot the building in favour of the person so nominated unless
for special and adequate reason to be recorded he allots it to any other person
within ten days from the receipt of intimation of such nomination: Provided that
where the landlord has made an application under clause (b) of sub-section (1)
of Section 16, for the release of the whole or any part of the building or land
appurtenant thereto in his favour, the said period of twenty-one days shall be
computed from the date of decision on that application or where an application
for review or an appeal is filed against such decision, from the date of
decision on such application or appeal. (2)
Where a part of a building is
in the occupation of the landlord for residential purposes, or is released in
his favour under clause (b) of sub-section (1) of Section 16 for residential
purposes, the allotment of the remaining part thereof under clause (a) of the
said sub-section (1) shall be made in favour of a person nominated by the
landlord. [43][Explanation.--Where a building in the occupation of the landlord
for residential purposes adjoins (whether horizontally or vertically) the
building sought to be allotted, and-- (a)
there is a common entrance to
or a common passage for both the buildings; or (b)
the two buildings share the
sanitary conveniences or other amenities (not including electric connection);
then notwithstanding that the two buildings are independently fit for
residential purposes, they shall be deemed to be part of each other for the
purposes of this sub-section.] [44][(1) No appeal shall lie from any order under Section 16 or Section
19, whether made before or after the commencement of this section, by any
person aggrieved by a final order under any of the said sections may, within
fifteen days from the date of such order, prefer a revision to the District
Judge on any one or more of the following grounds, namely:-- (a)
that the District Magistrate
has exercised a jurisdiction not vested in him by law; (b)
that the District Magistrate
has failed to exercise jurisdiction vested in him by law; (c)
that the District Magistrate
acted in the exercise of his jurisdiction illegally or with material irregularity. (2) ????The revising authority
may confirm or rescind the final order made under sub-section (1) or may remand
the case to the District Magistrate for rehearing, and pending the revision,
may stay the operation of such order on such terms, if any, as it thinks fit. Explanation.--The
power to rescind the final order under this sub-section shall not include the
power to pass an allotment order or to direct the passing of an allotment order
in favour of a person different from the allottee mentioned in the order under
revision. (3) ????Where an order under
Section 16 or Section 19 is rescinded, the District Magistrate shall, on an
application being made to him on that behalf, place the parties back in the
position which they would have occupied but for such order or such part thereof
as has been rescinded, and may for that purpose use or cause to be used such
force as may be necessary. Where a building
or part thereof is released in favour of the landlord under Section 16, or on [45][revision
under Section 18], on the ground that it was required by the landlord for
occupation by himself or any member of his family or any person for whose
benefit it was held by him, or for the objects of the trust of which he was
trustee, or on the ground that it was required for purposes of demolition and
new construction, and the landlord either puts or causes to be put into
occupation any person different from the person for whose occupation, according
to the landlord's representation, it was required, or permits any such person
to occupy it, or otherwise puts it to any use other than the one for which it
was released or, as the case may be, omits to occupy it within one month or
such extended period as the District Magistrate may for sufficient cause allow
from the date of his obtaining possession or in the case of a building which
was proposed to be occupied after some construction or reconstruction from the
date of completion thereof, the District Magistrate or, as the case may be, the
District Judge, on an application being made in that behalf within three months
from the date of such act or omission, may after giving to the landlord an
opportunity of being heard, revoke the order of release in whole or in part,
and on such order being made, the District Magistrate may treat the building or
part as vacant and allot it as such. CHAPTER IV ? REGULATION AND EVICTION (1)
Save as provided in sub-section
(2), [46][*
* *] no suit shall be instituted for the eviction of a tenant from a building,
notwithstanding the determination of his tenancy by efflux of time or on the
expiration of a notice to quit or in any other manner: Provided that
nothing in this sub-section shall bar a suit for the eviction of a tenant on
the determination of his tenancy by efflux of time where the tenancy for a
fixed term was entered into by or in pursuance of a compromise or adjustment
arrived at with reference to a suit, appeal, revision or execution proceeding,
which is either recorded in Court or otherwise reduced to writing and signed by
the tenant. (2)
A suit for the eviction of a
tenant from a building after the determination of his tenancy may be instituted
on one or more of the following grounds, namely: (a)
that the tenant is in arrears
of rent for not less than four months, and has failed to pay the same to the
landlord within one month from the date of service upon him of a notice of
demand: Provided that in
relation to a tenant who is a member of the armed forces of the Union and in
whose favour the prescribed authority under the Indian Soldiers (Litigation)
Act, 1925 (Act No. IV of 1925), has issued a certificate that he is serving
under special conditions within the meaning of Section 3 of that Act or where
he has died by enemy action while so serving, then in relation to his heirs,
the words "four months" in this clause shall be deemed to have been
substituted by the words "one year"; (b)
that the tenant has wilfully
caused or permitted to be caused substantial damage to the building; (c)
that the tenant has without the
permission in writing of the landlord made or permitted to be made any such
construction or structural alteration in the building as is likely to diminish
its value or utility or to disfigure it; (d)
that the tenant [47][has
without the consent in writing of the landlord used it for a purpose other than
the purpose for which he was admitted to the tenancy of the building or
otherwise done any act which is inconsistent with such use], or has been
convicted under any law for the time being in force of an offence of using the
building or allowing it to be used for illegal or immoral purpose; (e)
that the tenant has sub-let, in
contravention of the provisions of Section 25, or as the case may be, of the
old Act the whole or any part of the building; (f)
that the tenant has renounced
his character as such or denied the title of the landlord, and the letter has
not waived his right of reentry or condoned the conduct of the tenant; (g)
that the tenant was allowed to
occupy the building as part of his contract of employment under the landlord,
and his employment has ceased. [48][* * *] (4) ????In any suit for
eviction on the ground mentioned in clause (a) of sub-section (2), if at the
first hearing of the suit the tenant unconditionally pays of [49][tenders
to the landlord or deposits in Court] the entire amount of rent and damages for
use and occupation of the building due from him (such damages for use and
occupation being calculated at the same rate as rent) together with interest
thereon at the rate of nine per cent per annum and the landlord's costs of the
suit in respect thereof, after deducting therefrom any amount already deposited
by the tenant under sub-section (1) of Section 30, the Court may, in lieu of
passing a decree for eviction on that ground, pass an order relieving the
tenant against his liability for eviction on that ground: Provided that
nothing in this sub-section shall apply in relation to a tenant who or any
member of whose family has built or has otherwise acquired in a vacant state,
or has got vacated after acquisition, any residential building in the same
city, municipality, notified area or town area. [50][Explanation--For the purposes of this sub-section-- (a)
the expression "first
hearing" means the first date for any step or proceeding mentioned in the
summons served on the defendant; (b)
the expression "cost of
the suit" includes one-half of the amount of Counsel's fee taxable for a
contested suit.] (5) ????Nothing in this
section shall affect the power of the Court to pass a decree on the basis of an
agreement, compromise or satisfaction recorded under Rule 3 of Order XXIII of
the First Schedule to the Code of Civil Procedure, 1908. [51][(6) Any amount deposited by the tenant under sub-section (4) or
under Rule 5 of Order XV of the First Schedule to the Code of Civil Procedure,
1908 shall be paid to the landlord forthwith on his application without
prejudice to the parties' pleadings and subject to the ultimate decision in the
suits.] (1)
The prescribed authority may,
on an application of the landlord in that behalf, order the eviction of a
tenant from the building under tenancy or any specified part thereof if it is
satisfied that any of the following grounds exists namely,-- (a)
that the building is bona fide
required either in its existing form or after demolition and new construction
by the landlord for occupation by himself or any member of his family, or any
person for whose benefit it is held of him, either for residential purposes or for
purposes of any profession, trade or calling, or where the landlord is the
trustee of a public charitable trust, for the objects of the trust; (b)
that the building is in a
dilapidated condition and is required for purposes of demolition and new
construction : Provided that
where the building was in the occupation of a tenant since before its purchase
by the landlord, such purchase being made after the commencement of this Act,
no application shall be entertained on the grounds mentioned in clause (a),
unless a period of three 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; Provided further
that if any application under clause (a) is made in respect of' [any building
let out exclusively for non-residential purposes], the prescribed authority
while making the order of eviction shall, after considering all relevant facts
of the case, award against the landlord to the tenant [52][an
amount not exceeding two years' rent] as compensation and may, subject to
rules, impose such other conditions as it thinks fit; Provided also
that no application under clause (a), shall be entertained-- (i)
for the purposes of a
charitable trust, the objects of which provide for discrimination in respect of
its beneficiaries on the ground of religion, caste, or place of birth; (ii)
in the case of any residential
building, for occupation for business purposes; (iii)
in the case of any residential
building, against any tenant who is a member of the armed forces of the Union
and in whose favour the prescribed authority under the Indian Soldiers
(Litigation) Act, 1925 (Act No. IV of 1925) has issued a certificate that he is
serving under special conditions within the meaning of Section 3 of that Act,
or where he has died by enemy action while so serving, then against his heirs: [53][Provided also that the prescribed authority shall, except in cases
provided for in the Explanation, take into account the likely hardship to the
tenant from the grant of the application as against the likely hardship to the
landlord from the refusal of the application and for that purpose shall have
regard to such factors as may be prescribed.] Explanation.--In
the case of a residential building:-- (i) ???? where the tenant or
any member of his family [54][(who
has been normally residing with or is wholly dependent on him)] has built or
has otherwise acquired in a vacant state or has got vacated after acquisition a
residential building in the same city, municipality, notified area or town
area, no objection by the tenant against an application under this sub-section
shall be entertained; (ii)???? [55][*
* *] [56][(iii) where the landlord of any building is-- (1)
a serving or retired Indian
soldier as defined in the Indian Soldiers (Litigation) Act, 1925 (IV of 1925),
and such building was let out at any time before his retirement, or (2)
a widow of such a soldier and such
building was let out at any time before the retirement or death of her husband,
whichever, occurred earlier, and such landlord needs such building for
occupation by himself for the members of his family for residential purposes,
then his representation that he needs the building for residential purposes for
himself or the members of his family shall be deemed sufficient for the
purposes of clause (a), and where such landlord owns more than one building
this provision shall apply in respect of one building only.] (iv) ?? [57][*
* *] [58][(1-A) Notwithstanding anything contained in Section 2, the
prescribed authority shall, on the application of a landlord in that behalf,
order the eviction of a tenant from any building under tenancy, if it is
satisfied that the landlord of such building was in occupation of a public
building for residential purposes which he had to vacate on account of the
cessation of his employment: Provided that an
application under this sub-section may also be given by a landlord in occupation
of such public building at any time within a period of one year before the
expected date of cessation of his employment, but the order of eviction on such
application shall take effect only on the date of his actual cessation.] (2)
The prescribed authority may on
an application of the landlord in that behalf order the eviction of a tenant
from any surplus land appurtenant to the building under tenancy if it is
satisfied that the land is required for constructing one or more new buildings,
or for dividing it into several plots with a view to the sale thereof for
purposes of construction of new buildings; and in either case, that the
competent authority under any law for the time being in force has approved a
plan for the said purpose. Explanation--Where
the appurtenant land including passage exceeds double the covered area of the
building, excess area shall be deemed to be surplus land. [59][(3) No order shall be made under sub-section (1) or sub-section
(1-A) or sub-section (2), except after giving to the parties concerned a
reasonable opportunity of being heard: Provided that
where the tenant being a servant of Government or of any local authority or any
public sector corporation does not contest the application, then a reasonable
opportunity of being heard shall be given to the District Magistrate, who shall
have the right to oppose the application.] (4) ??? An order under [60][sub-section
(1) or sub-section (1-A) or sub-section (2)], may be made notwithstanding that
the tenancy has not been determined: Provided that no
such order shall be made in the case of a tenancy created for a fixed term by a
registered lease before the expiry of such term. (5) ??? On an order being made
under [61][sub-section
(1), or sub-section (1-A) or sub-section (2)], the building or part or
appurtenant land, as the case may be, shall stand released in favour of the
landlord: Provided that on
the occurrence of any of the circumstances mentioned in Section 24, any
building or part thereof (but not appurtenant land alone) released as above,
shall, without prejudice to the provisions of Section 24, be deemed to become
again subject to allotment in accordance with Chapter III. (6) ??? On the expiration of a
period of thirty days from an order under [62][sub-section
(1) or sub-section (1-A) or sub-section (2)], the tenancy of the tenant shall
stand determined in its entirety or, as the case may be, in respect of any part
of appurtenant land released in favour of the landlord, and in the latter case,
the rent payable for the remainder of the building under tenancy shall be such
as may be agreed upon between the parties and in the absence of such agreement
as may be determined under Section 8. [63][(7) Where during the pendency of an application under clause (a) of
sub-section (1), the landlord dies, his legal representatives shall be entitled
to prosecute such application further on the basis of their own need in
substitution of the need of the deceased. (8) ??? Nothing in clause (a)
of sub-section (1) shall apply to a building let-out to the State Government or
to a local authority or to a public sector corporation or to a recognised
educational institution unless the Prescribed Authority is satisfied that the
landlord is a person to whom clause (ii) or clause (iv) of the Explanation to
sub-section (1) is applicable: Provided that in
the case of such a building the District Magistrate may, on the application of
the landlord, enhance the monthly rent payable therefor to a sum equivalent to
one-twelfth of ten per cent of the market value of the building under tenancy,
and the rent so enhanced shall be payable from the commencement of the month of
tenancy following the date of the application; Provided further
that a similar application for further enhancement may be made after the
expiration of a period of five years from the date of the last order of
enhancement.] Any person
aggrieved by an order under Section 21 or Section 24 may, within thirty days
from the date of the order, prefer an appeal against it to the District Judge,
and in other respects, the provisions of '[Section 10] shall mutatis mutandis
apply in relation to such appeal. (1)
The prescribed authority may
use or cause to be used such force as may be necessary for evicting any tenant
against whom an order is made under Section 21 or an appeal under Section 22,
as the case may be, or against any other person found in actual occupation, and
for putting the landlord into possession. (2)
Every order of the prescribed
authority in proceedings under this section shall be final. (1)
Where a building is released in
favour of the landlord and the tenant is evicted under Section 21 or on appeal
under Section 22, and the landlord either puts or causes to be put into
occupation thereof any person different from the person for whose occupation
according to the landlord's representation, the building was required, or
permits any such person to occupy it, or otherwise puts it to any use other
than the one for which it was released, or as the case may be, omits to occupy
it within one month of such extended period as the prescribed authority may for
sufficient cause allow from the date of his obtaining possession or, in the
case a building which was proposed to be occupied after some construction or
reconstruction, from the date of completion thereof, or in the case of a
building which was proposed to be demolished, omits to demolish it within two
months or such extended period as the prescribed authority may for sufficient
cause allow from the date of his obtaining possession, then the prescribed
authority or, as the case may be, the District Judge, may, on an application in
that behalf within three months from the date of such act or omission, order
the landlord to place the evicted tenant in occupation of the building on the
original terms and conditions, and on such order being made, the landlord and
any person who may be in occupation thereof shall give vacant possession of the
building to the said tenant, failing which, the prescribed authority shall put
him into possession and may for that purpose use or cause to be used such force
as may be necessary. (2)
Where the landlord after
obtaining a release order under clause (b) of sub-section (1) of Section 21
demolishes a building and constructs a new building or buildings on its site,
then the District Magistrate may, on an application being made in that behalf
by the original tenant within such time as may be prescribed, allot to him the
new building or such one of them as the District Magistrate after considering
his requirements thinks fit, and thereupon that tenant shall be liable to pay
as rent for such building an amount equivalent to one per cent per month of the
cost of construction thereof (including the cost of demolition of the old
building but not including the value of the land) and the building shall,
subject to the tenant's liability to pay rent as aforesaid, be subject to the
provisions of this Act, and where the tenant makes no such application or
refuses or fails to take that building on lease within the time allowed by the
District Magistrate, or subsequently ceases to occupy it or otherwise vacates
it, that building shall also be exempt from the operation of this Act for the
period or the remaining period, as the case may be, specified in sub-section
(2) of Section 2. CHAPTER IV -A ? SUMMARY TRIAL OF CERTAIN
APPLICATIONS 24-A. The
provisions of this Chapter or any rule made thereunder shall have effect notwithstanding
anything inconsistent therewith contained elsewhere in this Act or in any other
law for the time being in force or in any contract (whether express or
implied), custom or usage to the contrary. 24-B. (1) Where a landlord who, being a person in occupation of any
residential public building is required by, or in pursuance of, any general or
special order made by the Government or other authority concerned, to vacate
such building, or in default, to incur certain obligations, on the ground that
he owns, in the same city, municipality, notified area or town area, a
residential building either in his own name or in the name of any member of his
family, there shall accrue, on and from the date of such order, to such
landlord, a right to recover immediately possession of any building let out by
him: Provided that
nothing in this section shall be construed as conferring a right on a landlord
owning, in the same city, municipality, notified area or town area, two or more
dwelling houses, whether in his own name or in the name of any member of his
family, to recover the possession of more than one dwelling house and it shall
be lawful for such landlord to indicate the dwelling house, possession of which
he intends to recover. (2) ??? Where the landlord
exercises the right of recovery conferred on him by sub-section (1), no
compensation shall be payable by him to the tenant or any person claiming
through or under him and no claim for such compensation shall be entertained by
any Court, tribunal or other authority: Provided that
where the landlord had received-- (a)
any rent in advance from the
tenant, he shall within a period of ninety days from the date of recovery of
possession of the building by him, refund to the tenant such amount as represents
the rent payable for the unexpired portion of the contract, agreement or lease; (b)
any other payment from the
tenant, he shall, within the period aforesaid, refund to the tenant a sum which
shall bear the same proportion to the total amount so received, as the
unexpired portion of the contract or agreement, or lease bears to the total
period of contract or agreement or lease; Provided further
that, if any default is made in making any refund as aforesaid, the landlord
shall be liable to pay simple interest at the rate of twelve per cent per annum
on the amount which he has omitted or failed to refund. 24-C. (1) Every application by a landlord for the
recovery of possession of any building on the ground specified in (2) ??? The District Magistrate
shall issue summons, in relation to every application referred to in
sub-section (1), in the form prescribed. (3) ??? (a) The District
Magistrate shall, in addition to, and simultaneously with the issue of summons
for service on the tenant, also direct the summons to be served by registered
post, acknowledgment due, addressed to the tenant or his agent empowered to
accept the service at the place where the tenant or his agent actually and
voluntarily resides or carries on business or personally works for gain and
may, if the circumstances of the case so require, also direct the publication
of the summons in a newspaper circulating in the locality in which the tenant
is last known to have resided or carried on business or personally worked for
gain. (b) When an
acknowledgment purporting to be signed by the tenant or his agent is received
by the District Magistrate or the registered article containing the summons is
received back with an endorsement purporting to have been made by a postal
employee to the effect that the tenant or his agent had refused to take
delivery of the registered article, the District Magistrate may declare that
there has been a valid service of summons. (4) ??? The tenant on whom the
summons is duly served (whether in the ordinary way or by registered post)
shall not contest the prayer for eviction from the premises unless he files an
affidavit stating the grounds on which he seeks to contest the application for
eviction and obtains leave from the District Magistrate as hereinafter
provided; and in default of his appearance in pursuance of the summons or his
obtaining such leave, the statement made by the landlord in the application for
eviction shall be deemed to be admitted by the tenant and the applicant shall
be entitled to an order for eviction on the ground aforesaid. (5) ??? The District Magistrate
shall give to the tenant leave to contest the application if the affidavit
filed by the tenant discloses such facts as would disentitle the landlord from
obtaining an order for the recovery of possession of the premises on the ground
specified in (6) ??? Where leave is granted
to the tenant to contest the application, the District Magistrate shall
commence the hearing of the application as early as practicable. (7) ??? No appeal or second
appeal shall lie against an order for the recovery of possession of any
premises made by the District Magistrate in accordance with the procedure
specified in this section : Provided that
the District Judge, for the purpose of satisfying himself that an order made by
the District Magistrate under this section is according to law, call for the
records of the case and pass such order in respect thereto as he thinks fit. (8) ??? Where no application
has been made to the District Judge on revision, the District Magistrate may
exercise the powers of review in accordance with the provisions of Order XLVII
of the First Schedule to the Code of Civil Procedure, 1908.] CHAPTER V ? REGULATION OF OTHER RIGHTS
AND OBLIGATIONS OF LANDLORD AND TENANT (1)
No tenant shall sub-let the
whole of the building under his tenancy. (2)
The tenant may with the
permission in writing of the landlord and of the District Magistrate, sub-let a
part of the building. Explanation.--For
the purposes of this section-- (i)
where the tenant ceases, within
the meaning of clause (b) of subsection (1) or sub-section (2) of Section 12,
to occupy the building or any part thereof, he shall be deemed to have sub-let
that building or part; (ii)
lodging a person in a hotel or
a lodging house shall not amount to sub-letting. (1)
No landlord shall without
lawful authority or excuse cut off, withhold or reduce any of the amenities
enjoyed by the tenant. (2)
The landlord shall be bound to
keep the building under tenancy windproof and water proof and, subject to any contract
in writing to the contrary, carry out periodical transparentwashing and repairs. (3)
Subject to any contract in
writing to the contrary, no tenant shall, whether during the continuance of the
tenancy or after its determination, demolish any improvement effected by him in
the building or remove any material used in such improvement, other than any
fixtures of a movable nature. [64][Explanation.-- The expression "material used in such
improvement" includes the writing of an electrical fitting or a pipe
pertaining to any water connection.] (4)
The landlord shall give to the
tenant a receipt for rent payable to and received by him. (1)
The prescribed authority may,
on an application of the tenant, serve upon the landlord a notice requiring
him, within such period, not exceeding one week, as may be specified in the
notice, to restore any amenity alleged to have been cut off, withheld or
reduced in contravention of sub-section (1) of Section 26 or to show cause why
an order under this Section be not passed against him. (2)
If the landlord fails to
restore the amenity within the said period, or to show sufficient cause, the
prescribed authority may by order permit the tenant to have the amenity
restored at his cost, and thereupon the tenant shall be entitled to recover
such cost as may be incurred by him in pursuance of the order, by deduction
from the rent payable to the landlord, after furnishing to him the account of
the expenditure, and nothing in Section 6 shall be deemed to apply to such
cost. (1)
If the landlord fails to carry
out transparentwashing or repairs as required by sub-section (2) of Section 26, the
tenant may, by notice in writing, call upon him to carry out the same within
one month from the date of service of such notice. (2)
Where the cost of the requisite
transparentwashing or repairs is likely to exceed the amount of [65][two
months' rent] in a year, then the tenant in his notice shall also intimate to
the landlord his willingness to pay enhanced rent in accordance with the
provisions of Section 6. [66][* * *] (3)
If the landlord fails to comply
with the notice, the tenant may himself carry out the transparentwashing or repairs
at a cost not exceeding [67][two
months' rent] in a year and deduct the amount from the rent, and in any such
case he shall furnish the account of the expenditure incurred to the landlord. (4)
Where the tenant claims that
the building requires transparentwashing or repairs to such extent that the cost
thereof is likely to exceed the amount of [68][two
months' rent] in a year, hereinafter in this section referred to as "major
repairs", and the landlord either declines his responsibility to carry out
the same or fails to comply with the notice, the tenant may apply to the
prescribed authority for an order under sub-section (5). (5)
The prescribed authority on
receiving an application under sub-section (4) may, after giving an opportunity
of hearing to the parties-- (a)
either reject the application;
or (b)
require the landlord to carry
out the requisite major repairs within such period as may be specified in the
order, and on his failure to do so, permit the tenant to carry out those
repairs at a cost not exceeding such amount (which shall not be more than the
amount to two years' rent) and within such period as may be specified in the
order. (6)
Where in pursuance of an order
under sub-section (5) any major repairs are carried out by the tenant, he shall
furnish an account of the expenditure to the prescribed authority, which shall
certify the amount recoverable by the tenant, and thereupon such amount, unless
paid or otherwise adjusted by the landlord, may be deducted by the tenant from
the rent in monthly instalments not exceeding twenty-five per cent of one
month's rent, and in any such case, the enhancement of rent under Section 6
shall come into effect only from the month following the month in which the
cost is fully recovered by the tenant. (7)
No appeal or revision shall lie
from any order of the prescribed authority under sub-section (5) or sub-section
(6), which shall be final. Nothing in Section
6, or clause (c) of sub-section (2) of Section 20, or sub-section (3) of
Section 26 shall be construed to confer on any sub-tenant a right to make any
alteration or improvement in any building otherwise than in accordance with the
terms of the tenancy. Notwithstanding
anything contained in any law for the time being in force relating to a local
authority, the tenant (including a sub-tenant) shall have the right to get
water connection, electric connection and sanitary fittings installed in the
building under his tenancy at his own cost, and the provisions of sub-section
(3) of Section 26 shall apply in relation to every such installation.] Section 29 - Special protection to tenants of buildings destroyed by
collective disturbances, etc. (1)
Where in consequence of the
commission of mischief or any other offence in the course of collective
disturbances, any building under tenancy is wholly or partly destroyed, the
tenant shall have the right to re-erect it wholly or partly, as the case may
be, at his own expenses within a period of six months from such injury: Provided that if
such injury was occasioned by the wrongful act or default of the tenant he
shall not be entitled to avail himself of the benefit of this provision. (2)
Where in consequence of fire,
tempest, flood or excessive rainfall, any building under tenancy is wholly or
partly destroyed the tenant shall have the right to re-erect or repair it
wholly or partly, as the case may be, at his own expense after giving a notice
in writing to the landlord within a period of one month from such injury: Provided that
the tenant shall not be entitled a avail himself of the benefit of this
provision-- (a)
if such injury was occasioned
by his own wrongful act or default; or (b)
in respect of any re-erection
or repair made before he has given a notice as aforesaid to the landlord or
before the expiration of a period of fifteen days after such notice, or if the
landlord in the meantime makes an application under Section 12, before the
disposal of such application; or (c)
in respect of any re-erection
or repair made after the expiration of a period of six months from such injury
or, if the landlord has made any application as aforesaid, from the disposal
thereof. (3)
Where the tenant, before the
commencement of this Act, has made any re-erection or repair in exercise of his
rights under Section 19 of the old Act, or after the commencement of this Act
makes any re-erection in the exercise of his right under sub-section (1) or
sub-section (2),-- (a)
the property so re-erected or
repaired shall be comprised in the tenancy; (b)
the tenant shall not be
entitled, whether during the tenancy or after its determination, to demolish
the property or parts so erected or repaired or to remove any material used therein
other than any fixtures of a movable nature; (c)
notwithstanding anything
contained in sub-section (2) of Section 2, the provisions of this Act shall
apply to the building so re-erected: Provided that
no application shall be maintainable under Section 21 in respect of any such
building on the ground mentioned in clause (b) of subsection (1) thereof within
a period of three years from the completion of such re-erection. (1)
For the purposes of this
section, the expression "tenant" and "landlord" shall have
the meanings respectively assigned to them in clauses (a) and (j) of Section 3
with the substitution of the word "land" for the word
"building". (2)
This section applies only to
land let out, either before or after the commencement of this section, where
the tenant, with the landlord's consent has erected any permanent structure and
incurred expenses in execution thereof. (3)
Subject to the provisions
hereinafter contained in this section, the provisions of section 20 shall apply
in relation to any land referred to in subsection (2) as they apply in relation
to any building. (4)
The tenant of any land to which
this section applies shall be liable to pay to the landlord such rent as may be
mutually agreed upon between the parties, and in the absence of agreement, the
rent determined in accordance with sub-section (5). (5)
The District Magistrate shall
on the application of the landlord or the tenant determine the annual rent
payable in respect of such land at the rate of ten per cent per annum of the
prevailing market-value of the land, and such rent shall be payable, except as
provided in sub-section (6) from the date of expiration of the term for which
the land was let or from the commencement of this section, whichever is later. (6)
(a) In any suit or appeal or
other proceeding pending immediately before the date of commencement of this
section, no decree for eviction of a tenant from any land to which this section
applies, shall be passed or executed except on one or more of the grounds
mentioned in sub-section (2) of Section 20, provided the tenant, within a
period of three months from the commencement of this section by an application
to the Court, unconditionally offers to pay to the landlord, the enhanced rent
of the land for the entire period in suit and onwards at the rate of ten per
cent per annum of the prevailing market value of the land together with costs
of the suit (including costs of any appeal or of any execution or other
proceedings). (b) In every
such case, the enhanced rent shall, notwithstanding anything contained in
sub-section (5), be determined by the Court seized of the case at any stage. (c) Upon payment
against a receipt duly signed by the plaintiff or decree-holder or his counsel
or deposit in Court of such enhanced rent with costs as aforesaid being made by
the tenant within such time as the Court may fix in this behalf, the Court
shall dismiss the suit, or, as the case may be, discharge the decree for
eviction, and the tenancy thereafter shall continue annually on the basis of
the rent so enhanced. (d) If the
tenant fails to pay the said amount within the time so fixed (including any
extended time, if any, that the Court may fix or for sufficient cause allow)
the Court shall proceed further in the case as if the foregoing provisions of
this section were not in force. (7)
The provisions of this section
shall have effect, notwithstanding anything to the contrary contained in any
contract or instrument or in any other law for the time being in force. Explanation.--For
the purposes of sub-section (6) where a case has been decided against a tenant
by one Court and the limitation for an appeal therefrom has not expired on the
date immediately before the commencement of this section, this section shall
apply as it applies to pending proceedings and the tenant may apply to that
Court for a review of the judgment in accordance with the provisions of this
section.] (1)
If any person claiming to be a
tenant of a building tenders any amount as rent in respect of the building to
its alleged landlord and the alleged landlord refuses to accept the same then
the former may deposit such amount in the prescribed manner and continue to
deposit any rent which he alleges to be due for any subsequent period in
respect of such building until the landlord in the meantime signifies by notice
in writing to the tenant his willingness to accept it. (2)
Where any bona fide doubt or
dispute has arisen as to the person who is entitled to receive any rent in
respect of any building, the tenant may likewise deposit the rent stating the
circumstances under which such deposit is made and may, until such doubt has
been removed or such dispute has been settled by the decision of any competent
Court or by settlement between the parties, continue to deposit the rent that
may subsequently become due in respect of such building. (3)
The deposit referred to in
sub-section (1), or sub-section (2) shall be made in the Court of the Munsif
having jurisdiction. (4)
On any deposit being made under
sub-section (1), the Court shall cause a notice of the deposit to be served on
the alleged landlord, and the amount of deposit may be withdrawn by that person
on application made by him to the Court in that behalf. (5)
On a deposit being made under
sub-section (2), the Court shall cause notice of the deposit to be served on the
person or persons concerned and hold the amount of the deposit for the benefit
of the person who may be found entitled to it by any competent Court or by a
settlement between the parties, and the same shall be payable to such person. (6)
In respect of a deposit made as
aforesaid, it shall be deemed that the person depositing it has paid it on the
date of such deposit to the person in whose favour it is deposited in the case
referred to in sub-section (1) or to the landlord in the case referred to in
sub-section (2). CHAPTER VI ? PENALTIES AND PROCEDURES (1)
Any person who contravenes any
of the provisions of this Act or any order made thereunder or attempts or abets
such contravention, shall be punished on conviction with imprisonment of either
description for a term which may extend to six months or with fine which may
extend to five thousand rupees or with both. [71][(2) Whoever demolishes any building under tenancy or any part
thereof without lawful excuse shall be punished, on conviction, with
imprisonment of either description for a term which may extend to one year or
with fine which may extend to five thousand rupees or with both.] (3) ??? Where a person has been
convicted for contravention of sub-section (1) of Section 4, the Court
convicting him may direct that out of the fine, if any, imposed and realised
from the person so convicted, an amount not exceeding the amount paid as
premium of additional payment over and above the rent for admission as a tenant
or sub-tenant to any building may be paid to the tenant by whom such payment
was made: Provided that
any amount so paid to the tenant shall be taken into account in awarding
compensation or restitution to him in any subsequent claim. (1)
If the person committing an
offence under this Act is a company, the company as well as every
person-in-charge of and responsible to the company for the conduct of its
business at the time of the commission of the offence shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly: Provided that
nothing contained in this sub-section shall render any such person liable to
any punishment if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offence. (2)
Notwithstanding anything
contained in sub-section (2), where any offence under this Act has been
committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or that the commission of offence is
attributable to any neglect on the part of any managing agent, secretaries and
treasurers, director, manager or other officer of the company, such managing
agent, secretaries and treasurers, director, manager or other officer of the
company shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly. Explanation.--For
the purpose of this section-- (a)
"company" means any
body corporate, and includes a firm or other association of individuals; and (b)
"director", in
relation to a firm, means a partner in the firm. (1)
No prosecution for an offence
punishable under this Act shall be instituted except on a complaint authorised
by the District Magistrate : Provided that
where the District Magistrate has improperly or illegally declined to authorize
the making of a complaint, the Commissioner may, of his own motion or on application
made in this behalf, direct him so to do. (2)
No Court inferior to that of a
Magistrate of the first class shall try any such offence. (1)
The District Magistrate, the
prescribed authority or any [72][appellate
or revising authority] shall for the purposes of holding any inquiry of
hearing, [73][any
appeal or revision] under this Act have the same powers as are vested in the
Civil Court under the Code of Civil Procedure, 1908 (Act No. V of 1908), when
trying a suit, in respect of the following matters namely,-- (a)
summoning and enforcing the
attendance of any person and examining him on oath; (b)
receiving evidence on
affidavits; (c)
inspecting a building or its
locality, or issuing commission for the examination of witnesses or documents
or local investigation; (d)
requiring the discovery and
production of documents; (e)
awarding, subject to any rules
made in that behalf, costs or special costs to any parts or requiring security
for costs from any party; (f)
recording a lawful agreement,
compromise or satisfaction and making an order in accordance therewith; (g)
any other matter which may be
prescribed. (2)
The District Magistrate, the
prescribed authority or [74][appellate
or revising authority], while holding an inquiry or hearing [75][any
appeal or revision] under this Act, shall be deemed to be a Civil Court within
the meaning of [76][Sections
345 and 346 of Code of Criminal Procedure, 1973] and any proceeding before him
or it to be a judicial proceeding within the meaning of Sections 193 and 228 of
the Indian Penal Code (Act No. XLV of 1860). (3)
Where any costs or other sum of
money awarded under this Act by the District Magistrate or the prescribed
authority or6[the appellate in revisional authority] remains unpaid, he or it
may issue a certificate of recovery in respect thereof in the prescribed form,
and any person in whose favour such certificate is issued may apply to the
Court of Small Causes having jurisdiction under the Provincial Small Cause
Courts Act, 1887 (Act No. IX of 1887) for recovery of the amount specified in
the certificate. Such Court shall thereupon execute the certificate or cause
the same to be executed in the same manner and by the same procedure as if it
were a decree for payment of money made by itself in a suit. (4)
Where any party to any
proceeding for the determination of standard rent of or for eviction from a
building dies during the pendency of the proceeding, such proceeding may be
continued after bringing on the record-- (a)
in the case of the landlord or
tenant, his heirs or legal representatives; (b)
in the case of unauthorised
occupant, any person claiming under him found in occupation of the building. (5)
Where any person has been
evicted from a building in pursuance of any order of the District Magistrate or
the prescribed authority or made on appeal under this Act, the District
Magistrate or the prescribed authority, as the case may be, may after service
or publication of a notice in that behalf on such persons and in such manner as
may be prescribed, remove or cause to be removed or dispose of, in such manner
as may be prescribed, any specific property remaining on such building. (6)
Affidavits to be filed in any
proceeding under this Act shall be made in the same manner and conform to the
same requirements as affidavits filed under the Code of Civil Procedure, 1908
(Act No. V of 1908), and may be verified by any officer or other person
appointed by the High Court under clause (b) or by an officer appointed by any
other Court under clause (c) of Section 139 of the said Code. (7)
The District Magistrate, the
prescribed authority or [77][the
appellate of revisional authority] shall record reasons for every order made
under this Act. (8)
For the purposes of any
proceedings under this Act and for purposes connected therewith the said
authorities shall have such other powers and [78][shall
follow such procedure, principles of proof, rules of limitation and guiding
principles as may be prescribed]. The provisions of
Sections 4, 5 and 12 of the Limitation Act, 1963 (Act No. 36 of 1963) shall
mutatis mutandis apply to all proceedings under this Act. CHAPTER VII ? MISCELLANEOUS AND
TRANSITIONAL PROCEDURE No suit,
prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or purported or intended to be done in pursuance of
the provisions of this Act or any rule or order made thereunder. (1)
No order made in exercise of
any power conferred by or under this Act shall be called in question in any
Court. (2)
Where an order purports to have
been made and signed by any authority in exercise of any power conferred by or
under this Act, a Court shall, unless the contrary is proved, presume that such
order was so made by that authority. The provisions of
this Act shall have effect notwithstanding anything inconsistent therewith
contained in the Transfer of Property Act, 1882 (Act No. IV of 1882), or in the
Code of Civil Procedure, 1908 (Act No. V of 1908). In any suit for
eviction of a tenant from any building to which the old Act did not apply,
pending on the date of commencement of this Act, where the tenant within one
month from such date of commencement or from the date of his knowledge of the
pendency of the suit, whichever be later, deposits in the Court before which
the suit is pending, the entire amount of rent and damages for use and
occupation (such damages for use and occupation being calculated at the same
rate as rent) together with interest thereon at the rate of nine per cent per
annum and the landlord's full cost of the suit, no decree for eviction shall be
passed except on any of the grounds mentioned in the proviso to sub-section (1)
or in clauses (b) to (g) of sub-section (2) of Section 20, and the parties
shall be entitled to make necessary amendment in their pleadings and to adduce
additional evidence where necessary : Provided that a
tenant the rent payable by whom does not exceed twenty-five rupees per month
need not deposit any interest as aforesaid : [79][* * *] Where an appeal or
revision arising out of a suit for eviction of a tenant from any building to
which the old Act did not apply is pending on the date of commencement of this
Act, it shall be disposed of in accordance with the provisions of Section 39,
which shall mutatis mutandis apply. The State
Government may, by notification in the Gazette, make rules to carry out the
purposes of this Act, including any rules prescribing fees in respect of any
proceeding under this Act. All notifications
issued under the provisos to sub-section (3) of Section 1 and under sub-section
(3) of Section 2, and all rules made under this Act shall, as soon as may be,
after they are issued or made, be laid before each House of the State
Legislature, while it is in session, for a total period of fourteen days which
may be comprised in its one session or in two or more successive sessions and
shall, unless some later date is appointed, take effect from the date of their
publication in the Gazette, subject to such modifications or annulments as the
two Houses of the Legislature may, during the said period, agree to make, so
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done thereunder. (1)
The United Provinces
(Temporary) Control of Rent and Eviction Act, 1947 (U.P. Act No. III of 1947),
is hereby repealed. (2)
Notwithstanding such-repeal-- (a)
any application or proceeding
pending immediately before the commencement of this Act before the District
Magistrate under Section 3 of the old Act shall stand transferred to the
prescribed authority having jurisdiction and shall be deemed to be an
application or proceeding under Section 21 of this Act and shall be disposed of
in accordance with the provisions of this Act; (b)
any application or proceeding
pending immediately before the commencement of this Act before the District
Magistrate under Section 7 of the old Act or under Rule 6 of the Control of
Rent and Eviction Rules, 1949, made under Section 17 of the old Act shall be
disposed of by him in accordance with the provisions of Sections 16 and 17 of
this Act; (c)
any proceeding under Section
3-A or Section 5-A of the old Act pending immediately before the commencement
of this Act before the District Magistrate shall be disposed of by the District
Magistrate, and any proceeding under Section 7-D thereof so pending shall stand
transferred for disposal to the prescribed authority, and the decision of the
District Magistrate or the prescribed authority shall be deemed to be a
decision under Section 8, Section 9 or Section 27, as the case may be, and in
the first and second mentioned cases, be subject to appeal accordingly; (d)
the provisions of Section 39
shall mutatis mutandis apply to every proceeding under Section 7-B of the old
Act pending on the date of commencement of this Act in respect of a building in
the same manner as it applies to the buildings to which the old Act was not
applicable [80][and
subject thereto, such proceedings shall be continued and concluded [81][in
accordance with the old Act which shall, for that purpose, be deemed to
continue to be in force]]; (e)
any proceeding pending
immediately before the commencement of this Act in the Court of Munsif under
Section 7-C of the old Act shall be continued and concluded [82][in
accordance with the old Act which shall, for that purpose, be deemed to
continue to be in force]; (f)
any proceeding pending
immediately before the commencement of this Act in the Court of Munsif under
Section 7-E of the old Act shall be deemed to be a proceeding under Section 28
of this Act and shall stand transferred for disposal to the prescribed authority; (g)
any suit for fixation of rent
pending immediately before the commencement of this Act in the Court of Munsif
or Civil Judge under sub-section (4) of Section 5 of the old Act shall be
decided by that Court, and the rate of rent in respect of the period prior to
the commencement of this Act shall be fixed in accordance with the old Act and
in respect of any subsequent period, be fixed in accordance with this Act; (h)
any Court or authority before
which any suit or other proceeding relating to the recovery or determination or
fixation of rent of, or eviction from, any building is pending immediately
before the commencement of this Act may, on an application being made to it
within sixty days from such commencement, grant leave to any party to amend its
pleading in consequence of the provisions of this Act; (i)
any order passed by the
District Magistrate before the commencement of this Act, granting or refusing
to grant permission under Section 3 of the old Act, against which no revision
has been filed shall-- (1)
if such order was made more
than thirty days before the commencement of this Act, be final; (2)
in any other case, be subject
to an appeal to the District Judge, which may be filed within sixty days from
the commencement of this Act, and decision of the District Judge, shall be
final; (j)
any order passed by the
District Magistrate, permitting or refusing to permit the landlord to occupy a
building under Rule 6 of the Control of Rent and Eviction Rules, 1949, made
under Section 17 of the old Act, against which no revision has been filed,
shall-- (1)
if such order was made more
than thirty days before the commencement of this Act, be final; (2)
in any other case, be subject
to an appeal to the District Judge which may be filed within sixty days from
the commencement of this Act, and the decision of the District Judge shall be
final; (k)
any order passed by the
District Magistrate, before the commencement of this Act under sub-section (2)
of Section 7 or under Section 7-A of the old Act against which no revision has
been filed shall-- (1)
if such order was made more
than thirty days before the commencement of this Act, be final; (2)
in any other case, be subject
to an appeal to the District Judge, which may be filed within sixty days from
the commencement of this Act, and the decision of the District Judge shall be
final; (l)
any order passed by the
District Magistrate granting or refusing to grant permission under Section 3 of
the old Act and confirmed, modified or reversed by the Commissioner under
sub-section (3) of that section and in respect of which no revision has been
filed to the State Government under Section 7-F of the old Act before the
commencement of this Act, shall be final; (m)
any revision relating to the
grant of permission under Section 3 of the old Act pending immediately before
the commencement of this Act before the Commissioner shall stand transferred to
the District Judge, and his decision shall be final; (n)
any revision pending
immediately before the commencement of this Act before the Commissioner under
sub-section (4) of Section 7-A of the old Act shall be decided by him, and his
order thereon shall be final; (o)
any revision under Section 7-F
of the old Act pending immediately before the commencement of this Act before
the State Government against any order of the Commissioner passed under
subsection (3) of Section 3 or sub-section (4) of Section 7-A of the old Act
shall be disposed of by the State Government [83][and
its decision will be final]; (p)
any revision under Section 7-F
of the old Act pending immediately before the commencement of this Act before
the State Government against an order of the District Magistrate passed under
Section 7-A of the old Act against which no revision has been filed before the
Commissioner or against an order under sub-section (2) of Section 7 of the old
Act or an order permitting or refusing to permit the landlord to occupy a
building under Rule 6 of the Control of Rent and Eviction Rules, 1949, made
under Section 17 of the old Act, [84][shall
be disposed of by the State Government and its decision shall be final]; [85][(PP) the provisions of Section 34 shall mutatis mutandis apply to
every revision referred to in the foregoing clauses]; (q)
the provisions of Section 18
shall mutatis mutandis apply in relation to all appeals filed before the
District Judge, under clause (i), clause (j) or clause (k) and all revisions
transferred to him under clause (m) [86][*
* *]; (r)
any suit for the eviction of a
tenant instituted with the permission referred to in Section 3 of the old Act
or any proceeding arising out of such suit, pending immediately before, [87][the
commencement of the U.P. Civil Laws Amendment Act, 1972 (U.P. Act 37 of 1972)
may be continued and concluded [88][in
accordance with the old Act which shall, for that purpose, be deemed to
continue to be in force]; [89][(rr) where any permission referred to in Section 3 of the old Act
has been obtained on any ground specified in sub-section (1) or sub-section (2)
of Section 21, and has become final, either before the commencement of this
Act, or in accordance with the provisions of this subsection, after the
commencement of this Act, [90][whether
or not a suit for the eviction of the tenant has been instituted], the landlord
may apply to the prescribed authority for his eviction under Section 21, and
thereupon the prescribed authority shall order the eviction of the tenant from
the building under tenancy, and it shall not be necessary for the prescribed
authority to satisfy itself afresh as to the existence of any ground as
aforesaid, and such order shall be final and shall not be open to appeal under
Section 22]; [91][Provided that no application under this clause shall be
maintainable on the basis of a permission granted under Section 3 of the old
Act, where such permission became final more than three years before the
commencement of this Act; Provided further
that in computing the period of three years, the time during which the
applicant has been prosecuting with due diligence any civil proceeding whether
in a Court of first instance or appeal or revision shall be excluded]; (s)
any suit for the eviction of a
tenant instituted on any ground mentioned in sub-section (1) of Section 3 of
the old Act, or any proceeding out of such suit (including any proceeding for
the execution of a decree passed on the basis of any agreement, compromise or
satisfaction), pending immediately before the commencement of this Act, may be
continued and concluded [92][in
accordance with the old Act which shall, for the purpose, be deemed to continue
to be in force]; (t)
any decision of the District
Magistrate, the prescribed authority, the District Judge, the Commissioner or
the State Government under the foregoing clauses may be enforced, whenever
necessary, in like manner as if it were an order of the competent authority
under the corresponding provisions of this Act. [93][44. Section 68 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam,
1965 shall be omitted.] [See Section 3
(k)] Extract of
Section 2 (1) of the United Provinces (Temporary) Control of Rent and Eviction
Act, 1947 2.(1)
"Reasonable annual rent" in the case of accommodation constructed
before July 1, 1946, means-- (1)
if it is separately assessed in
municipal assessment, its municipal assessment plus 25 per cent thereon; (2)
if it is a part only of the
accommodation so assessed, the proportionate amount of the municipal assessment
of such accommodation plus 25 per cent thereon; (3)
if it is not assessed to
municipal assessment-- (i)
but was held by a tenant on
rent between April 1, 1942 and June 30, 1946, fifteen times the rent for the
one month nearest to and after April 1, 1942; and (ii)
if it was not so held on rent,
the amount determined under Section 3-A, and in the case of accommodation,
constructed on or after July 1, 1946, means the rent determined in accordance
with Section 3-A. [1] Enforced w.e.f. 15-7-1972 vide Notification No. 3409/29-E/59-72,
dated 27-6-1972.7 [2] Ins. by U.P. Act 17 of 1985 (w.e.f. 18-5-1983). [3] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [4] Subs, by Act No. 17 of 1985 (w.e.f. 18-5-1983). [5] Ins. by U.P. Act 5 of 1995 (w.e.f. 26-9-1994). [6] Omitted by U.P. Act 5 of 1995. S.2 (w.e.f. 26-9-1994). [7] Ins. by U.P. Act 5 of 1995 (w.e.f. 26-9-1994). [8] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [9] Ins. by Central Act 19 of 1973 and U.P. Act 30 of 1974 with
retrospective effect. [10] Ins. by U.P. Act 5 of 1995 (w.e.f. 26-9-1994). [11] Omitted by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [12] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [13] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [14] Ins. by U.P. Act 17 of 1985 (w.e.f. 26-4-1985). [15] Subs, by U.P. Act. 11 of 1976. [16] Subs, by U.P. Act 17 of 1985 (w.e.f. 18-5-1983). [17] Omitted by U.P. Act 5 of 1995 (w.e.f. 26-9-1994). [18] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [19] Subs, by U.P. Act 37 of 1972 with retrospective effect. [20] Ins. by U.P. Act 28 of 1976. [21] Subs, by U.P. Act 19 of 1974 (w.e.f. 1-9-1974). [22] Subs, by U.P. Act 28 of 1976. [23] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [24] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [25] Ins. by U.P. Act No. 17 of 1985 (w.e.f. 5-1-1985). [26] Omitted by U.P. Act 5 of 1995 (w.e.f. 26-9-1994). [27] Subs, by U.P. Act No. 17 of 1985 (w.e.f. 18-5-1983). [28] Subs, by U.P. Municipal Corporation (Amendment) Act, 1999 (U.P. Act
17 of 1999). [29] Subs. by Central Act 19 of 1973 and re-inforced by U.P. Act 30 of
1974 (w.e.f. 15-7-1972). [30] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [31] Ibid. [32] Ins. by ibid. [33] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [34] Ibid. [35] Subs, by ibid. [36] Ins. by ibid. [37] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [38] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [39] Omitted by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [40] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [41] Ibid. [42] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [43] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [44] Subs, by ibid. [45] Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [46] Omitted by U.P. Act 37 of 1972 (w.e.f. 20.9.1972) [47] Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). 1. Subs, by U.P.
Act 28 of 1976 (w.e.f. 5-7-1976). [48] Sub-section 3 omitted by U.P. Act 37 of 1972 (w.e.f. 20-9-1972). [49] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [50] Ins. by ibid. [51] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [52] Ibid. [53] Ins. by U.P. Act 28 of 1976 with retrospective effect. [54] Ibid. [55] Omitted by U.P. Act 17 of 1985, Section 6 (w.e.f. 18-5-1983). [56] Subs, by ibid, [57] Omitted by U.P. Act 17 of 1985, Section 6 (w.e.f. 18-5-1983). [58] Subs, by ibid, Section 6 (w.e.f. 18-5-1983). [59] Subs. by ibid Section 6 (w.e.f. 18-5-1983). [60] Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [61] Ibid. [62] Ibid. [63] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [64] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [65] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [66] Proviso omitted by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [67] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [68] Subs, by ibid. [69] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [70] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [71] Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [72] Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [73] Ibid. [74] Ibid. [75] Ibid. [76] Ibid. [77] Subs. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [78] Subs. by U.P. Act 37 of 1972 with retrospective effect. [79] Omitted by U.P. Act 37 of 1972 with retrospective effect. [80] Ins. by U.P. Act 37 of 1972 with retrospective effect. [81] Subs, by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [82] Ibid. [83] Ins. by U.P. Act 37 of 1972 with retrospective effect. [84] Subs. by ibid. [85] Ins. by U.P. Act 28 of 1976 (w.e.f. 5-7-1976). [86] Omitted by Central Act 19 of 1973 re-inforced by U.P. Act 30 of
1974 (w.e.f. 20-9-1972). [87] Subs, by ibid. [88] Subs, by U.P. Act 28 of 1976 with retrospective effect. [89] Ins. by U.P. Act 37 of 1972, with retrospective effect. [90] Subs, by U.P. Act 28 of 1976, with retrospective effect. [91] Subs, by ibid (w.e.f. 5-7-1976). [92] Ibid with retrospective effect. [93] Ibid (w.e.f. 5-7-1976).UTTAR PRADESH
URBAN BUILDINGS (REGULATION OF LETTING, RENT &. EVICTION) ACT, 1972