NAND KISHORE MARWAH & OTHERS versus SMT. SAMUNDRI DEVI

NAND KISHORE MARWAH & OTHERS versus SMT. SAMUNDRI DEVI

The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 does not apply to newly constructed buildings for a period of ten years from the date of first assessment for house-tax. Since the suit for eviction was instituted after the Act came into force and within the exemption period, the protection afforded by Sections 39 and 40 is not available to the tenants. Rights of the parties are determined as on the date of suit and not as per subsequent passage of time.

Parties
Appellant: NANO KISHORE MARWAH & OTHERS; Respondent: SMT. SAMUNDRI DEVI
Jurisdiction
India
Judgment Date
17 September 1987
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Civil Revision No. 83 of 1986
Outcome
Appeal dismissed
Legal Topics
Eviction, Applicability of Rent Control Statute, Protection to Tenants Under U.p. Urban Buildings (regulation of Letting, Rent and Eviction) Act, 1972
Property Law Landlord Tenant Law Eviction Applicability of Rent Control Statute Protection to Tenants Under U.p. Urban Buildings (regulation of Letting, Rent and Eviction) Act, 1972

Case Brief

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Parties

NANO KISHORE MARWAH & OTHERS

Appellant

SMT. SAMUNDRI DEVI

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Civil Revision No. 83 of 1986

Legal Issues

  1. 1 Applicability of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 to newly constructed buildings
  2. 2 Availability of protection to tenants under the Act
  3. 3 Interpretation of Sections 2, 39, 40 of the Act

Ratio Decidendi

The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 does not apply to newly constructed buildings for a period of ten years from the date of first assessment for house-tax. Since the suit for eviction was instituted after the Act came into force and within the exemption period, the protection afforded by Sections 39 and 40 is not available to the tenants. Rights of the parties are determined as on the date of suit and not as per subsequent passage of time.

Court Disposition

Appeal dismissed

Orders

  • Decree for eviction not to be executed until March 31, 1988, subject to appellants filing usual undertaking within four weeks
  • In default, respondent may execute decree forthwith