Tenant Granted Nine Months to Vacate as Court Affirms Non-Applicability of U.P. Rent Control Act Based on Lack of Evidence
In a significant judgment, the Allahabad High Court has upheld the eviction order against Mohammad Zaki Khan, the petitioner-tenant, in a case concerning the applicability of the U.P. Urban Buildings (Regulation of Letting, Rent, and Eviction) Act, 1972. The court, presided over by Dr. Yogendra Kumar Srivastava, J., dismissed the petition filed by Khan against the orders of the Small Causes Court and the revisional court, affirming that the statutory protection under the Act was not applicable in the absence of substantial evidence regarding the date of completion of the building's construction.
The petitioner, who has been a tenant since 1987, claimed that the building was constructed in 1991, thereby seeking protection under the Act. However, the court emphasized that the tenant must establish foundational facts such as the completion date of construction or the date of first municipal assessment to claim such protection. The court reiterated the Supreme Court's ruling in Om Prakash Gupta v. Dig Vijendra Pal Gupta (1982) 2 SCC 61, which underscores the significance of the date of the first municipal assessment in determining the completion of construction. In the absence of such evidence, bald assertions were deemed insufficient.
The dispute originated from S.C.C. Suit No. 27 of 2012, filed by the landlord, Gopal Krishna Gangal, against Khan for ejectment and arrears of rent. The trial court decreed in favor of the landlord, a decision which was subsequently affirmed by the District Judge, Aligarh. The petitioner challenged these orders, asserting the applicability of the U.P. Act No. 13 of 1972, but failed to substantiate claims with reliable evidence.
In a gesture of leniency, the High Court granted the tenant nine months to vacate the premises, with specific conditions imposed for compliance, including filing undertakings and depositing arrears and monthly use charges. The court cautioned that non-compliance would lead to automatic vacation of the protection granted.
This judgment not only reinforces the legal framework concerning rent control but also delineates the burden of proof required to claim statutory protection. It serves as a crucial reminder for tenants and landlords alike about the importance of maintaining substantial evidence in legal proceedings related to tenancy disputes.
Bottom line:-
Applicability of U.P. Act No. 13 of 1972 depends on establishing foundational facts, such as completion of construction, assessment, or first occupation, in accordance with Explanation I to Section 2(2) of the Act.
Statutory provision(s): U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Constitution of India, 1950 Article 227
Mohammad Zaki Khan v. Gopal Krishna Gangal, (Allahabad) : Law Finder Doc id # 2894498
