Tenant Claiming Protection Under UP Rent Control Act Must Prove Applicability Of Statute: Allahabad High Court

The Allahabad High Court has held that a tenant must prove applicability of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 to seek protection under its provisions. Dr. Justice Yogendra Kumar Srivastava held,“….where a tenant seeks protection under the provisions of U.P. Act No. 13 of 1972, the burden lies upon the party asserting applicability of the Act to establish the foundational facts attracting such protection, including the date of completion of construction where exemption under Section 2(2) is in issue.”Section 2 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 provides the circumstances under which the Act does not apply. Section (2)(2) provides that the Act shall not apply for a period of 10years from the date of completion of construction. The Explanation (a) to Section 2(2) provides:“the construction of a building shall be deemed to have been completed on the date on which the completion thereof is reported to or otherwise recorded by the local authority having jurisdiction, and in the case of a building subject to assessment, the date on which the first assessment thereof comes into effect, and where the said dates are different, the earliest of the said dates, and in the absence of any such report, record or assessment, the date on which it is actually occupied (not including occupation merely for the purposes of supervising the construction or guarding the building under construction) for the first time.”Landlord-respondent filed a suit for eviction of the tenant before the Small Causes Court on grounds that the tenant-petitioner had defaulted in payment of rent. The suit was decreed in favour of the landlord and held that the Act was not applicable to the case of the parties. The revision was also dismissed. Accordingly, the tenant approached the High Court. The tenant pleaded that the Act of 1972 was applicable in this case as the dates required as peer explanation (a) of Section 2(2) of the Act were not available. It was pleaded that the Act was applicable as the building was constructed in 1991, whereas the landlord claimed that the shop was constructed in 1988 and the tenancy started in 1987. The Court held that there must be material evidence to show the applicability of the Act. In absence of cogent evidence, the Court held that the date of construction of building/ shop could not be decided based on bald assertions made by the tenant. “It is equally well settled that the question regarding applicability of U.P. Act No. 13 of 1972, where dependent upon the date of completion of construction, has to be determined strictly in accordance with the deeming provisions contained in Explanation I to the second proviso to Section 2(2) of the Act.”Accordingly, the Court directed the tenant to handover the possession of the property to the landlord by February, 2027 and continue to pay rent till possession is handed over. Case Title: Mohammad Zaki Khan v. Gopal Krishna GangalClick Here To Read/Download Order

Tenant Claiming Protection Under UP Rent Control Act Must Prove Applicability Of Statute: Allahabad High Court

Upasna Agrawal

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Tenant Claiming Protection Under UP Rent Control Act Must Prove Applicability Of Statute: Allahabad High Court

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