OM PRAKASH GUPTA ETC. versus DIG VIJENDRAPAL GUPTA ETC.

OM PRAKASH GUPTA ETC. versus DIG VIJENDRAPAL GUPTA ETC.

The Act is not applicable to buildings with less than ten years' standing, as determined by the date of first assessment when available, and section 39 benefit can only be claimed if the suit was pending at the Act's commencement; hence, appellant cannot claim protection under the Act nor section 39.

Parties
Appellant: Om Prakash Gupta; Respondent: Dig Vijendrapal Gupta
Jurisdiction
India
Judgment Date
05 March 1982
Procedural Posture
Civil Appeal / Supreme Court Appeal From Allahabad High Court Decision
Outcome
Appeal dismissed
Legal Topics
Applicability of U.p. Urban Buildings Act, Eviction Proceedings, Statutory Construction
Tenancy Law Statutory Interpretation Applicability of U.p. Urban Buildings Act Eviction Proceedings Statutory Construction

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Parties

Om Prakash Gupta

Appellant

Dig Vijendrapal Gupta

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Allahabad High Court Decision

Legal Issues

  1. 1 Whether the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 applied to the shop in question
  2. 2 Whether the date of occupation or date of first assessment should be considered as date of completion of construction
  3. 3 Eligibility for benefit under section 39 of the Act

Ratio Decidendi

The Act is not applicable to buildings with less than ten years' standing, as determined by the date of first assessment when available, and section 39 benefit can only be claimed if the suit was pending at the Act's commencement; hence, appellant cannot claim protection under the Act nor section 39.

Court Disposition

Appeal dismissed

Orders

  • Order of eviction shall not be executed before 30th June, 1982 if appellant files undertaking within four weeks.
  • Undertaking must include: hand over vacant possession by 30th June 1982; pay arrears of rent within a month; pay future compensation for use and occupation monthly; not induct any other person into premises.