VINEET KUMAR versus MANGAL SAIN WADHERE

VINEET KUMAR versus MANGAL SAIN WADHERE

If a building completes ten years from its date of completion (determined by assessment or other specified means) during the pendency of litigation, the provisions of the new Rent Act become applicable; the tenant is entitled to claim protection and benefits under Section 39 of the Act, including opportunity to deposit arrears as determined by the trial court.

Parties
Appellant: Vineet Kumar; Respondent: Mangal Sain Wadhere
Jurisdiction
India
Judgment Date
05 January 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Civil Revision
Outcome
Appeal allowed in part
Legal Topics
Applicability of Rent Control Act, Exemption Periods, Eviction Proceedings, Amendment of Pleadings
Property Law Tenancy Law Applicability of Rent Control Act Exemption Periods Eviction Proceedings Amendment of Pleadings

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Parties

Vineet Kumar

Appellant

Mangal Sain Wadhere

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Civil Revision

Legal Issues

  1. 1 Whether a premises exempted from the operation of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 at the time of suit can be governed by it if ten years expire during litigation
  2. 2 Whether benefit of Section 39 of the Act can be claimed by the tenant upon completion of ten years during pendency
  3. 3 Whether subsequent events and amendments can affect cause of action

Ratio Decidendi

If a building completes ten years from its date of completion (determined by assessment or other specified means) during the pendency of litigation, the provisions of the new Rent Act become applicable; the tenant is entitled to claim protection and benefits under Section 39 of the Act, including opportunity to deposit arrears as determined by the trial court.

Court Disposition

Appeal allowed in part

Orders

  • Judgment and decree of Allahabad High Court in relation to eviction are set aside
  • Judgment of High Court remanding arrears of rent to trial court remains intact