JIWAN SINGH versus RAJENDRA PRASAD AND ANR.

JIWAN SINGH versus RAJENDRA PRASAD AND ANR.

Rule 4 of the Rules under the U.P. Act 3 of 1947 requires that the landlord must give written notice of vacancy to the District Magistrate within seven days of the accommodation becoming vacant for the special procedure (allotment to landlord’s nominee) to be triggered. Since this was not done, the Rent Control Officer’s order of allotment to the appellant as landlord's nominee was ultra vires and without jurisdiction.

Parties
Appellant: Jiwan Singh; Respondent No. 1: Rajendra Prasad; Landlord: Genda Puri; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
19 December 1974
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court (second Appeal)
Outcome
Appeal allowed in part; decree of High Court modified.
Legal Topics
Allotment of Premises, Jurisdiction of Rent Control Officer, Notice of Vacancy, Landlord's Nominee Rights, Validity of Allotment Order
Rent Control Property Law Allotment of Premises Jurisdiction of Rent Control Officer Notice of Vacancy Landlord's Nominee Rights Validity of Allotment Order

Case Brief

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Parties

Jiwan Singh

Appellant

Rajendra Prasad

Respondent No. 1

Genda Puri

Landlord

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court (second Appeal)

Legal Issues

  1. 1 Whether the landlord’s notice to the Rent Control Officer (given after more than seven days from vacancy) meets the requirement of Section 7(1)(a) of U.P. Act 3 of 1947 and consequently attracts Rule 4 for allotment to landlord’s nominee.
  2. 2 Whether the Rent Control Officer had jurisdiction to allot the premises to the appellant under Rule 4 when notice was not given within the stipulated period.

Ratio Decidendi

Rule 4 of the Rules under the U.P. Act 3 of 1947 requires that the landlord must give written notice of vacancy to the District Magistrate within seven days of the accommodation becoming vacant for the special procedure (allotment to landlord’s nominee) to be triggered. Since this was not done, the Rent Control Officer’s order of allotment to the appellant as landlord's nominee was ultra vires and without jurisdiction.

Court Disposition

Appeal allowed in part; decree of High Court modified.

Orders

  • Rent Control Officer directed to consider both applications for allotment after hearing the parties and to pass orders accordingly.
  • No order as to costs.