RAMESH CHANDRA versus IIIRD ADDITIONAL DISTRICT JUDGE AND OTHERS

RAMESH CHANDRA versus IIIRD ADDITIONAL DISTRICT JUDGE AND OTHERS

The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 does not apply to buildings for ten years from completion; as building was constructed in 1968 and suit filed before expiry, Act does not apply, and suit must be decided without reference to it; expiry of ten-year period during suit pendency does not change this.

Parties
Appellant: Ramesh Chandra; Respondent: IIIRD Additional District Judge and Others
Jurisdiction
India
Judgment Date
22 January 1992
Procedural Posture
Civil Appeal No. 1670 of 1982 / Supreme Court Appeal From Allahabad High Court Judgment in Civil Misc. Writ No. 6510 of 1979
Outcome
Appeal allowed; high court judgment set aside; district judge judgment restored; no order as to costs.
Legal Topics
Applicability of Rent Control Statute, Eviction Before Statutory Period, Exemption Period Under Statute
Landlord Tenant Applicability of Rent Control Statute Eviction Before Statutory Period Exemption Period Under Statute

Case Brief

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Parties

Ramesh Chandra

Appellant

IIIRD Additional District Judge and Others

Respondent

Procedural Posture

Civil Appeal No. 1670 of 1982 / Supreme Court Appeal From Allahabad High Court Judgment in Civil Misc. Writ No. 6510 of 1979

Legal Issues

  1. 1 Whether the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 applies to buildings constructed in 1968 and to suits instituted before expiry of ten years from construction
  2. 2 Whether expiry of statutory period during pendency makes the Act applicable

Ratio Decidendi

The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 does not apply to buildings for ten years from completion; as building was constructed in 1968 and suit filed before expiry, Act does not apply, and suit must be decided without reference to it; expiry of ten-year period during suit pendency does not change this.

Court Disposition

Appeal allowed; high court judgment set aside; district judge judgment restored; no order as to costs.

Orders

  • Judgment of Allahabad High Court set aside.
  • Judgment of IIIrd Additional District Judge, Nainital, restored.