LAWS(ALL)-2025-2-266

CANARA BANK BRANCH OFFICE Vs. ASHOK KUMAR

Decided On February 16, 2025
Canara Bank Branch Office Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) Petitioners in these six cases, nominated to this Court by orders of Hon'ble the Chief Justice dtd. 5/5/2025, are either tenants or landlords in respect of buildings let out to them for residential or commercial purpose. Five of the writ petitions are under Article 226 and 227 of Constitution of India while the sixth case is S.C.C. Revision filed under Sec. 25 of Provincial Small Cause Courts Act, 1887 (hereinafter called as "the Act of 1887").

(2.) The issue raised in all the connected matters, "whether the rent authority, constituted under the provisions of the Act of 2021, has the jurisdiction to entertain application filed by landlord in cases where tenancy agreement has not been executed, if not executed, the landlord having failed to file particulars of tenancy with rent authority" is the same, and with consent of learned counsel for the parties, is being heard and decided together by a common order.

(3.) Before adverting to decide the issue in hand, a brief glance of legislative history of both Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called as "the Act of 1972") and Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter called as "the Act of 2021") is necessary for better appreciation of the case.