The Allahabad High Court clarified that the Rent Authority’s powers are not limited by the absence of a written tenancy agreement or submitted details. Under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, landlords can still seek eviction.
PRAYAGRAJ: The Allahabad High Court has delivered an important ruling clarifying that the Rent Authority’s powers are not restricted merely because there is no written tenancy agreement or the details of tenancy were not submitted.
It determined that, under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, landlords can still approach the Rent Authority for eviction even without a formal tenancy document or filed specifics.
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Justice Rohit Ranjan Agarwal, in his judgment stated,
“This provision leads to the conclusion that the jurisdiction of the Rent Authority under the Act of 2021 cannot be narrowed down only in cases of written agreements and its intimation to the Rent Authority.”
He also emphasized that the legislative intent was broader and did not intend to restrict access to the Rent Authority to only documented tenancies.
He Stated that,
“Had the Legislature thought of giving limited access to landlords or tenants to approach the Rent Authority only in cases of a written agreement or its intimation, then the proviso to sub-section (5) of Section 9 would not have been there in the statute book.”
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The Court pointed out that the purpose of the legislation cannot be discerned from a single provision alone, rather, the entire statute must be interpreted in light of its objectives, subject matter and broader context.
The Court Stated,
The intention of Legislature cannot be ascertained merely on the basis of single provision, and regard must be given to other sections as well as the context, subject-matter and the object of the provision… Thus, the question which has been posed stands answered that rent authority constituted under the provisions of the Act of 2021 has jurisdiction to entertain application filed by landlord in cases where tenancy agreement has not been executed, and landlord having failed to intimate particulars of tenancy to the authority.”
Additionally, it highlighted that unlike the Central Model Tenancy Act, which imposes strict penalties for non-compliance, the Uttar Pradesh law deliberately refrains from denying landlords the right to seek timely eviction relief due to procedural oversights.
The central question examined in the petitions was whether the Rent Authority established under the 2021 Act could consider eviction applications from landlords in the absence of a tenancy agreement and furnished particulars.
The Court affirmed this, clearly recognizing the Rent Authority’s jurisdiction in such instances.
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