The Allahabad High Court held that the jurisdiction of Civil Courts to entertain suits for injunction filed by tenants against their landlords, is not barred by the provisions of the U.P Regulation of Urban Premises Tenancy Act, 2021, and the Civil Court continues to have jurisdiction to entertain the suits for injunction even after enactment of the Act of 2021.
Brief Facts:
The present petition was filed under Article 227 of the Constitution of India, challenging the validity of the judgment passed by the civil judge, whereby the suit filed by the petitioner for the relief of perpetual injunction restraining the defendant/landlord from evicting him from a property in his tenancy, otherwise than in accordance with the law, has been dismissed at the admission stage on the ground that Section 38(1) of the U.P Regulation of Urban Premises Tenancy Act, 2021 provides that no civil court shall entertain any suit or proceeding insofar as it relates to the provisions of the Act of 2021.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioner has submitted that the Act of 2021 has been enacted to regulate the renting of premises to protect the interests of the landlords and tenants and to provide a speedy adjudication mechanism for the resolution of disputes and matters connected therewith or incidental thereto. It contains provisions enabling the landlord to file a suit for ejectment/ eviction of the tenant and recovery of arrears of rent and damages, etc., but it does not contain any provision under which a tenant can file a suit for perpetual injunction for restraining the landlord from dispossessing him from the property in his tenancy otherwise in accordance with the law.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that the landlord is not making any effort to dispossess the petitioner otherwise than in accordance with the law, and the petitioner has no cause of action to file a suit against the landlord. However, he does not dispute the legal submission of the learned counsel for the petitioner that the Rent Act, 2021 does not empower the rent authority /rent tribunal to entertain a suit for perpetual injunction filed by the tenant.
Observations of the Court:
The court referred to Section 21 of the Uttar Pradesh Regulation Of Urban Premises Tenancy Act, 2021 and stated that it confers jurisdiction on the rent authority/rent tribunal to entertain petitions filed by landlord or eviction/ejectment of tenant for recovery of arrears of rent and damages etc. but there is no provision in the aforesaid act which confers jurisdiction on the rent authority/rent tribunal to entertain a suit for perpetual injunction filed by a tenant against his dispossession otherwise then in accordance with the law and thus the jurisdiction of Civil Courts to entertain suits for injunction filed by tenants against their landlords, is not barred by the provisions of the Act of 2021 and the Civil Court continues to have jurisdiction to entertain the suits for injunction even after enactment of the Act of 2021.
The court observed that by declining to admit the suit for perpetual injunction filed by the petitioner, the Civil Judge has failed to exercise a jurisdiction vested in it by law, which makes the order passed by the Civil Judge, as also the order passed by the revisional court affirming the order of Civil Judge, unsustainable in law.
The decision of the Court:
The court allowed the petition and set aside the impugned order.
Case Title: Harmeet Singh vs. Desh Deepak Gupta
Coram: Hon’ble Mr Justice Subhash Vidyarthi J
Case No.: Matters under Article 227 No. 5133 of 2023
Advocate for the Applicant: Ratnesh Chandra, Ishan Singh Popli, Madhav Om
Advocate for the Respondent: Gopesh Tripathi
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