GEETA GUPTA versus RAMESH CHANDRA DWIVEDI & ORS.

GEETA GUPTA versus RAMESH CHANDRA DWIVEDI & ORS.

Because the first respondent was inducted in possession as a tenant prior to 5 July 1976 with the consent of the original owners (as evidenced by the agreement dated 15.11.1975 and absence of objection by predecessors-in-title), he is deemed to be a tenant under Section 14 of the U.P. Urban Buildings Act, 1972;...

Source-derived case information.

Parties
Appellant: Geeta Gupta; Respondent: Ramesh Chandra Dwivedi
Jurisdiction
India
Judgment Date
20 September 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Deemed Tenancy Under Section 14 of the U.p. Urban Buildings Act, Vacancy Under Section 12 of the U.p. Urban Buildings Act, Allotment Under Section 16 of the U.p. Urban Buildings Act, Eviction Remedies Under Sections 20 and 21 of the U.p. Urban Buildings Act, Deposit and Withdrawal of Rent Under Section 30 of the U.p. Urban Buildings Act
Property Law Rent Control and Eviction Administrative Law Deemed Tenancy Under Section 14 of the U.p. Urban Buildings Act Vacancy Under Section 12 of the U.p. Urban Buildings Act Allotment Under Section 16 of the U.p. Urban Buildings Act Eviction Remedies Under Sections 20 and 21 of the U.p. Urban Buildings Act Deposit and Withdrawal of Rent Under Section 30 of the U.p. Urban Buildings Act

Source-derived case record

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Parties

Geeta Gupta

Appellant

Ramesh Chandra Dwivedi

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the disputed premises were vacant as on 5 July 1976 within the meaning of Section 12
  2. 2 Whether the first respondent was inducted as a tenant prior to 5 July 1976 with the consent of the owners and is therefore protected under Section 14
  3. 3 What remedies are available to the appellant if the first respondent is deemed a tenant

Ratio Decidendi

Because the first respondent was inducted in possession as a tenant prior to 5 July 1976 with the consent of the original owners (as evidenced by the agreement dated 15.11.1975 and absence of objection by predecessors-in-title), he is deemed to be a tenant under Section 14 of the U.P. Urban Buildings Act, 1972; accordingly the appellant must pursue eviction under Sections 20 or 21 and the respondent must deposit arrears under Section 30.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • First respondent directed to deposit all arrears of rent up to 31 August 2021 within six weeks and thereafter to continue to regularly deposit rent in the proceedings pending under Section 30 before the Civil Judge.