BALI KARAN LAL Vs. DISTRICT JUDGE BASTI

JUDGEMENT

(1.) DISPUTE being raised as to the vires of Sub -section (8) of Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act XIII of 1972)(hereinafter referred as the 'Act 1972') a learned single Judge has on September 8, 1983 made this reference to Division Bench.

(2.) THE Petitioners are the landlords of the building in dispute situate within the municipal limits. The building is held on lease by the State Government (Fisheries Department) on payment of rent. An application was made by the Petitioner -landlords under Section 21(1)(a) of the Act, 1972 against the Respondents 2 to 4 to the Prescribed Authority seeking their eviction on ground of need for occupation by themselves and members of their family for residential purposes. The Respondent tenant put in contest but the application was allowed by the Prescribed Authority under order dated May 6, 1979. The tenant preferred appeal under Section 22 which was allowed by the District Judge on December 7, 1979 on ground that in view of Sub -section (8) of Section 21, the Petitioners could not avail of clause (a) of Sub -section (1) of Section 21 to seek release of the said building on their favour. The application for release was in consequence dismissed. Aggrieved the Petitioners landlords have preferred writ petition before this Court under Article 226 of the Constitution seeking that the decision arrived at by the appellate authority be quashed.

(3.) UNDER the scheme of the Act no suit shall be instituted for the eviction of a tenant from a building, notwithstanding the determination of his tenancy by efflux of the time or on the expiration of a notice to quit or in any other manner. A suit for the eviction ' of a tenant from a building after the termination of his tenancy may, however, be instituted on one or more of the grounds specified in sub Section (2) of Section 20. Those grounds include the tenant being in arrears of rent, substantial damage caused to the building by or at the instance of the tenant, use of the building for a purpose other than a purpose which the tenant was admitted to the tenancy; the tenant making an unauthorised sub lease or the tenant renouncing his character as such and or denied the title of the landlord. Section 21(1)(a) enables a landlord to apply to the Prescribed Authority for eviction of a tenant from the building under tenancy or any specified part thereof on ground that the building is bonafide required either in its existing form or after the demolition and new construction by the landlord for occupation by himself or any member of his family either for residential purposes or commercial purposes. Clause (b) permits a landlord to apply for eviction of a tenant on ground that the building is in dilapidated condition and is required for purposes of demolition and new construction. Under the proviso to sub Section (1) if the eviction from the building is sought on ground of bonafide need as contemplated under Clause (a), the Prescribed Authority shall also take into account the likely hardship to the tenant from the grant of the application as against the likely hardship to the landlord from the refusal of the application and for that purpose the Prescribed Authority shall have regard to the factors prescribed in Rule 16 framed under this Act. Sub -section (8) was inserted by the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction)(Amendment) Act, 1976 (U.P. Act XXVIII of 1976) with effect from July 5, 1976. It reads as under -