Case Note & Summary
The dispute arose from an eviction order against a tenant, Radhey Shyam Rastogi, concerning premises in Shahjahanpur, U.P. The landlord filed an application for eviction under Section 21(1)(b) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, citing the dilapidated condition of the building. The tenant opposed the application, arguing non-compliance with procedural rules. The prescribed authority allowed the eviction, leading to an appeal by the tenant, which was dismissed. The tenant then filed a writ petition in the High Court, seeking the appointment of an Engineer Commissioner to assess the premises' condition. The High Court dismissed the writ petition, mistakenly believing the request for a commissioner was not challenged. The Supreme Court found that the High Court did not adequately consider the need for an independent assessment of the premises' condition, which was essential for the eviction decision. The Court ordered the High Court to appoint an Engineer Commissioner to conduct an inspection and submit a report within six weeks, after which the writ petition would be decided. The Supreme Court set aside the High Court's order and allowed the appeal, remitting the matter back to the High Court for further proceedings.
Headnote
A) Landlord-Tenant Law - Eviction on Grounds of Dilapidation - Requirement of Independent Assessment - UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 21 - The Supreme Court found that the High Court failed to consider the appellant's request for an independent Engineer Commissioner to assess the dilapidated condition of the premises, which was crucial for the eviction order. The Court directed the High Court to appoint an Engineer Commissioner to submit a report within six weeks, after which the writ petition would be decided (Paras 6-7).
Issue of Consideration
Whether the High Court erred in dismissing the writ petition without appointing an Engineer Commissioner to assess the condition of the disputed premises.
Final Decision
The Supreme Court set aside the High Court's order and remitted the matter back for the appointment of an Engineer Commissioner to assess the premises, directing the report to be submitted within six weeks and the writ petition to be decided thereafter.
Law Points
- Eviction
- Dilapidated Condition
- Engineer Commissioner
- UP Urban Buildings Act
- 1972
