Case Note & Summary
The dispute arose from a suit for eviction filed by the landlord against the tenant, Vineet Kumar, under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord claimed that the tenant defaulted on rent payments and that the building was exempt from the new Rent Act as it was not ten years old at the time of the suit. The tenant contended that the building was constructed in 1968 and thus should be covered by the new Rent Act. The trial court ruled in favor of the landlord, stating that the building was exempt from the new Rent Act. The High Court upheld this decision but partially allowed the appeal regarding the arrears of rent. The Supreme Court, upon reviewing the case, determined that the building completed ten years during the litigation, thus making the new Rent Act applicable. The Court emphasized that the benefit of the new Rent Act should be extended to the tenant, allowing for amendments in pleadings and additional evidence. The appeal was allowed in part, setting aside the eviction order while maintaining the High Court's decision on the arrears of rent, and remanding the case for further proceedings under the new Rent Act.
Headnote
A) Rent Control - Applicability of Rent Act - Building's Age During Litigation - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 2 - The provision of the Act will be attracted if the building completes ten years during the course of litigation. The building was deemed completed on 1st October 1971, and by 23rd February 1982, it completed ten years, thus entitling the appellant to claim the benefit of Section 39 of the Act. Held that the new Rent Act applies (Paras 340-343).
Issue of Consideration
Whether the premises which was not ten years old on the date of the suit and was exempted from the operation of the new Rent Act can be governed by it if ten years expired during the pendency of the litigation.
Final Decision
The Supreme Court allowed the appeal in part, setting aside the eviction order while maintaining the High Court's decision on the arrears of rent. The case was remanded for further proceedings under the new Rent Act, ensuring the tenant's rights were protected.
Law Points
- Interpretation of statutes
- Rent control
- Amendment of pleadings
- Cause of action
- Exemption from Rent Act
