Bureau Prayagraj- Allahabad High Court said that 1972 The tenant’s litigation will not proceed on the basis of the excuse of need with the help of the old law. 2021 Under the new law, if the owner insists, the tenant will have to vacate the house.
With this comment, the single bench of Justice Dr. Yogendra Kumar Srivastava rejected the petition of petitioner Shyam Pal of Kanpur Nagar. The court said that now the landlord does not need to prove his actual need and comparative hardship. If he wants his property then he is the biggest and final decider of his needs. The court will not debate the reasonableness of his requirement.
The court passed the Uttar Pradesh Urban Premises Tenancy Regulation Act-2021 Explained that 1972 Under the old law, tenants used to get relief in the name of hardship and bonafide need. But2021 The new law has closed this path. Now the argument that the landlord has other property or his need is not that urgent will no longer hold.
The matter is related to a shop in Gandhi Nagar, Kanpur. Landlord BS Enterprises had asked for a shop from tenant Shyam Pal to expand its work. The tenant challenged this demand and said that the landlord’s requirement was not genuine. The Rent Authority and the Appellate Tribunal ordered the eviction. The tenant had approached the High Court against this.
Citing the new law, the High Court approved the decisions of both the courts. Although, Adopting a humanitarian approach, the court has given the tenant time till December 2 to vacate the shop. Also, an affidavit has been sought with a promise that he will vacate the shop on time within two weeks. During this period, the landlord will have to pay a usage fee of Rs 2,000 every month for the usage of the shop.
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