MAHESH KUMAR AGARWAL (DEAD) Vs. NARESH CHANDRA

JUDGEMENT

(1.) Leave granted.

(2.) This matter arises under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act ' for brevity). A proceeding was instituted for eviction of the respondents by the appellant on the basis of a purchase made by him on 04/01/1977 from the previous landlord. The application was filed under Sec. 21 of the Act before the Rent Controller. This was preceded by a legal notice which was dated 22/12/2007 purporting to comply with the requirement of the first proviso to Sec. 21(1)(a). The respondents sent a reply notice on 22/02/2008. In the said reply notice, the respondents did not raise any objection based on the requirements in the proviso to Sec. 21. The case went to trial. By order dated 16/05/2013, the Rent Controller ordered eviction of the respondents. The respondents carried the matter in appeal. It was unsuccessful as the appellate authority dismissed the appeal on 21.07.2016. The respondent filed a writ petition before the High Court. By the impugned order, the High Court has allowed the writ petition. The sole ground on which the High Court allowed the writ petition filed by the respondent is that the appellant-landlord had not complied with the requirement under the proviso under Sec. 21(1)(a) insofar as no notice of six months was given prior to the filing of the application.

(3.) We have heard Mr. Joy Basu, learned senior counsel for the appellants. Noticing that, though served, there is no appearance for the respondents, we appointed Mr. Senthil Jagadeesan, learned counsel to assist the Court as Amicus. We have heard the learned Amicus as well.