Section 39State of Uttar Pradesh Act
Section 39: Pending suits for eviction relating to building brought under regulation for the first time
Pending suits for eviction relating to building brought under regulation for the first time.
- In any suit for eviction of a tenant from any building to which the old Act did not apply, pending on the date of commencement of this Act, where the tenant within one month: from such date of commencement or from the date of his knowledge of the pendency of the suit, whichever be later, deposits in the court before which the suit is pending, the entire amount of rent and damages for use and occupation. such damages for, use and occupation being calculated at the same rate as rent) together with interest thereon at the rate of nine per cent per annum and the landlord's full costs of the suit, no decree for eviction shall be passed except on any of the, grounds mentioned in the proviso to sub-section (1) or in clauses (b) to (g) of subsection (2) of section 20, and the parties shall be entitled to make necessary amendment in their pleadings and to adduce additional evidence where necessary :Provided that a tenant the rent payable by whom ,does not exceed twenty-five rupees per month need not deposit any interest as aforesaid.Explanation - In this section and in section 40, the expression "date of commencement of this Act", in relation to a building, means the date on which this Act becomes applicable to that building.Previous
Sec 38 — Act to override U.P. Act and Civil Procedure Code
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Sec 40 — Pending appeals in suits for eviction relating to buildings brought under regulation for the first time
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