Section 21State of Uttar Pradesh Act

Section 21: Proceeding for release of building under occupation of tenant

The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Proceeding for release of building under occupation of tenant.

(1)

The prescribed authority may, on an application of the landlord in that behalf, order the eviction of a tenant from the building under tenancy or any specified part thereof if it is satisfied that any of the following grounds exists namely-

(a)

that the building is bona fide required either in its existing form or after demolition and new construction by the landlord for occupation by himself or any member of his family, or any person for whose benefit it is held by him, either for residential purposes or for purposes of any profession, trade or calling, or where the landlord is the trustee of a public charitable trust, for the objects of the trust :

(b)

that the building is in a dilapidated condition and is required for purposes of demolition and new construction :

Provided that where the building was in the occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of this Act, no application shall be entertained on the grounds, mentioned in clause (a), unless a period of three years has elapsed since the date of such purchase and the landlord has given a notice in that behalf to the tenant not less than six months before such application, and such notice may be given even before the expiration of the aforesaid period of three years :Provided further that if any application under clause (a) is made in respect of any building in which the tenant is engaged in any profession, trade or calling, the prescribed authority while making the order of eviction shall, after considering all relevant facts of the case, award against the landlord to the tenant an amount equal to two years' rent as compensation and may, subject to rules, impose such other conditions as he thinks fit :Provided also that no application under clause (a) shall be entertained-

(i)

for the purposes of a charitable trust, the objects of which provide for discrimination in respect of its beneficiaries on the ground of religion, caste or place of birth ;

(ii)

in the case of any residential building, for occupation for business purposes :

(iii)

in the case of any residential building, against any tenant who is a member of the armed forces of the Union and in whose favour the prescribed authority under the Indian Soldiers (Litigation) Act, '1925 has Issued a certificate that he is serving under special conditions within the meaning of section 3 of that Act, or where he has died by enemy action while so serving then against his heirs.

Explanation - In the case of a residential building :-

(i)where the tenant or any member of his family has built or has otherwise acquired in a vacant state or has got vacated after acquisition a residential building in the same city, municipality, notified area or town area, no objection by the tenant against an application under this sub-section shall be entertained ;

(ii)where the landlord was engaged in any profession, trade, calling or employment, away from the city, municipality, notified area or town area within which the building is situate and by reason of the cessation of such engagement, he needs the building for occupation by himself for residential purposes, such need shall be deemed sufficient for purposes of clause (a) ;

(iii)where the landlord is a member of the armed forces of the Union and the prescribed authority under the Indian Soldiers (Litigation) Act, 1925, has issued a certificate in his favour that he is serving under special condition within the meaning of section 3 of o that Act, then ,his representation that he needs the building for residential purposes for members of his family whose particulars are specified in the application shall be deemed sufficient for purposes of clause (a) ;

(iv)

the fact that the building under tenancy is a part of a building the remaining part whereof is in the occupation of the landlord for residential purposes, shall be conclusive to prove that the building is bona fide required by the landlord.

(2)

The prescribed authority may on an application of the landlord in that behalf order the eviction of a tenant from any surplus land appurtenant to the building under tenancy if it is satisfied that the land is required for constructing one or more new buildings, or for dividing it into several plots with a view to the sale thereof for purposes of construction of new buildings, and in either case, that the competent authority under any law for the time being in force has approved a plan for the said purpose.Explanation - Where the appurtenant land including passage exceeds double the covered area of the building, the excess area shall be deemed to be surplus land.

(3)

No order shall be made under sub-section (1), or subsection (2) except after giving to the parties concerned a reasonable opportunity of being heard.

(4)

An order under sub-section (1) , or sub-section (2) , may be made not withstanding that the tenancy has not been determined :Provided that no such order shall be made in the case of a tenancy created for a fixed term by a registered lease, before the expiry of such term.

(5)

On an order being made under sub-section (1) , or sub-section (2) , the building or part or appurtenant land, as the case may be, shall stand released in favour of the landlord :Provided that on the occurrence of any of the circumstances mentioned in section 24, any building or part thereof (but not appurtenant land alone) released as above, shall, without prejudice to the provisions of section 24, be deemed to become again subject to allotment in accordance with Chapter III.

(6)

On the expiration of a period of thirty days from an order under sub-section (1) or sub-section (2) , the tenancy of the tenant shall stand determined in its entirety or, as the case may be, in respect of any part or appurtenant land released in favour of the landlord, and in the latter case, the rent payable for the remainder of the building under tenancy shall he such as may be agreed upon between the parties and in the absence of such agreement as may be determined under section 8.

Sec 20 — Bar of suit for eviction of tenant except on specified grounds

Sec 22 — Appeal

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