MUNNALAL AGARWAL versus JAGDISH NARAIN AND ORS

MUNNALAL AGARWAL versus JAGDISH NARAIN AND ORS

For a notice to enhance rent under Section 5 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, it must be actually delivered to the tenant within three months from commencement of the Act. Mere dispatch or posting does not fulfil the statutory requirement. Since the appellant's notice was received after expiry of three months, he was not entitled to rent enhancement under Section 5.

Parties
Appellant: Munnalal Agarwal; Respondent: Jagdish Narain and Ors.
Jurisdiction
India
Judgment Date
16 November 1999
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 5.9.94 of the Allahabad High Court in C.m.w.p. No. 4986 of 1981
Outcome
Appeal dismissed
Legal Topics
Rent Enhancement Notice, Standard Rent Fixation, Interpretation of Statutory Notice Requirements
Property Law Landlord Tenant Rent Enhancement Notice Standard Rent Fixation Interpretation of Statutory Notice Requirements

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Parties

Munnalal Agarwal

Appellant

Jagdish Narain and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 5.9.94 of the Allahabad High Court in C.m.w.p. No. 4986 of 1981

Legal Issues

  1. 1 What is the legal interpretation of 'notice given' under Section 5 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972?
  2. 2 Whether mere dispatching or posting of notice within the prescribed period satisfies Section 5's requirement
  3. 3 Whether landlord forfeits right to enhancement if notice is not delivered within three months

Ratio Decidendi

For a notice to enhance rent under Section 5 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, it must be actually delivered to the tenant within three months from commencement of the Act. Mere dispatch or posting does not fulfil the statutory requirement. Since the appellant's notice was received after expiry of three months, he was not entitled to rent enhancement under Section 5.

Court Disposition

Appeal dismissed

Orders

  • No order as to cost