RAMESH CHANDRA MISRA versus MAHENDRA TRIPATHI & ORS.

RAMESH CHANDRA MISRA versus MAHENDRA TRIPATHI & ORS.

The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 does not contain any provision disentitling unauthorised occupants from applying for allotment. Therefore, the High Court erred in quashing the District Judge's order. The 'first come first served' principle must be applied unless there is an express statutory bar.

Parties
Appellant: Ramesh Chandra Misra; Respondent: Mahendra Tripathi
Jurisdiction
India
Judgment Date
19 November 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 20.8.1975 of Allahabad High Court (lucknow Bench) in Civil Writ Petition No. 1062 of 1974
Outcome
Appeal allowed
Legal Topics
Interpretation of Statutes, Allotment of Urban Buildings, Unauthorised Occupants, 'first Come First Served' Principle
Rent Control Urban Tenancy Law Interpretation of Statutes Allotment of Urban Buildings Unauthorised Occupants 'first Come First Served' Principle

Case Brief

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Parties

Ramesh Chandra Misra

Appellant

Mahendra Tripathi

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 20.8.1975 of Allahabad High Court (lucknow Bench) in Civil Writ Petition No. 1062 of 1974

Legal Issues

  1. 1 Whether an unauthorised occupant is disentitled from applying for allotment under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
  2. 2 Whether the 'first come first served' principle under Rule 11 is to be mechanically applied

Ratio Decidendi

The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 does not contain any provision disentitling unauthorised occupants from applying for allotment. Therefore, the High Court erred in quashing the District Judge's order. The 'first come first served' principle must be applied unless there is an express statutory bar.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Order of the District Judge dated August 7, 1974 restored