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CLR/117/2023
2023 Latest Caselaw 2629 UK

Citation : 2023 Latest Caselaw 2629 UK
Judgement Date : 5 September, 2023

Uttarakhand High Court
CLR/117/2023 on 5 September, 2023
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CLR No.117 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Ankur Sharma, Advocate present through V.C.

2. Mr. Ramji Srivastava, Advocate for the respondent.

3. Learned counsel for the appellant/defendant would submit that the appellant/defendant is in possession over the tenanted premises since 1987; that, he has been paying the rent regularly and there is no default in payment of rent; that, he has got the protection of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 as the rent is less than ` 1,000/- per month; that, the learned Judge, SCC has erred in not giving the benefit of Section 20 of the Act.

4. Per contra, learned counsel for the respondent/plaintiff would support the judgment of the court below and would submit that the tenanted premises was constructed after 1985, therefore, the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 would not be applicable in the present case.

5. At this stage, learned counsel for the revisionist/defendant seeks some time to get instructions from his client and to ask whether he is ready to vacate the tenanted premises and if, he is willing, how much time he would need to vacate the tenanted premises.

6. List on 17.10.2023.

(Vivek Bharti Sharma, J.) 05.09.2023 Rajni

 
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