January 15, 2024: In a recent ruling, the Allahabad High Court issued a significant clarification on eviction procedures under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. The court, presided over by Justice Alok Mathur, emphasized that the 2021 Act has introduced substantial changes, replacing the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent, and Eviction) Act, 1972.
Under the new legislation, the court clarified that landlords are no longer obligated to establish a bonafide requirement or comparative hardship to seek the eviction of a tenant. Instead, landlords only need to demonstrate their personal need for the premises, whether in its existing form or after demolition. The exclusion of a bonafide requirement as grounds for eviction was highlighted as a material alteration in the law.
The court’s ruling, dated January 8, 2024, was made while addressing a petition challenging a Rent Tribunal’s decision to uphold an eviction order against the tenant. The landlord sought eviction based on the tenant’s refusal to sign a new agreement under the 2021 Act and the need for the premises for his son’s business. Both the Rent Authority and Tribunal had ruled in favor of eviction.
Considering the changes brought about by the repeal of the 1972 Act and the introduction of the new law, the court acknowledged substantial differences in eviction procedures. The court addressed the petitioner’s contention about the lack of prior notice, noting that the new enactment mandates notice only on specific grounds.
In this case, where eviction was sought based on non-payment of rent and personal need, the court found that the eviction order was solely issued on the grounds of personal need without requiring payment of arrears. Consequently, the court dismissed the petitioner’s grievance about the notice, finding no merit in the petition and upholding the landlord’s right to eviction.
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Dhwani is a content management expert with over five years of professional experience. She has authored articles spanning diverse domains, including real estate, finance, business, health, taxation, education and more. Holding a Bachelor’s degree in Journalism and Mass Communication, Dhwani’s interests encompass reading and travelling. She is dedicated to staying updated on the latest real estate advancements in India.
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