BHOLA NATH VARSHNEY (SINCE DEAD) THROUGH HIS LRS. versus MULK RAJ MADAN

BHOLA NATH VARSHNEY (SINCE DEAD) THROUGH HIS LRS. versus MULK RAJ MADAN

The Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is not applicable to a building which was less than ten years old at the date of institution of the eviction suit; the Act does not become applicable merely because ten years elapsed during litigation and Section 39 does not apply to suits filed after the Act's commencement.

Parties
Appellant: Bhola Nath (since dead) through his LRs.; Respondent: Mulk Raj Madan
Jurisdiction
India
Judgment Date
25 January 1994
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment in W.p. No. 14149 of 1985
Outcome
Appeal allowed
Legal Topics
Applicability of Rent Act, Exemption Period for New Buildings, Eviction Procedures
Tenancy Law Civil Procedure Applicability of Rent Act Exemption Period for New Buildings Eviction Procedures

Case Brief

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Parties

Bhola Nath (since dead) through his LRs.

Appellant

Mulk Raj Madan

Respondent

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment in W.p. No. 14149 of 1985

Legal Issues

  1. 1 Whether the Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 applies to residential premises constructed less than ten years before institution of suit
  2. 2 Whether statutory period elapsing during litigation makes Act applicable
  3. 3 Applicability of Section 39 to suit instituted after Act's commencement

Ratio Decidendi

The Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is not applicable to a building which was less than ten years old at the date of institution of the eviction suit; the Act does not become applicable merely because ten years elapsed during litigation and Section 39 does not apply to suits filed after the Act's commencement.

Court Disposition

Appeal allowed

Orders

  • Judgment of Allahabad High Court set aside
  • Order of Additional District Judge, Moradabad restored