U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Proviso to s.21 – Proceedings for release of building under occupation of tenant – On 22.12.2007, the appellantlandlord gave respondents-tenants notice u/s.21(1)(a) of the Act – In the said notice, it is inter alia stated that tenancy of the tenant was being terminated within 30 days of the receiving of the notice and the tenant was asked to hand over the possession – In reply to the notice, the respondents did not raise any objection based on the requirements in the proviso to s.21 – On 20.11.2008, an application was filed u/s.21 of the Act before the Rent Controller – The Rent Controller ordered eviction of the respondents – The respondents appealed before the Appellate Authority, which was dismissed – The respondent filed writ petition before the High Court on the sole ground that the appellant-landlord had not complied with the requirement under the proviso u/s.21(1)(a) insofar as no notice of six months was given prior to the filing of the application – On appeal, held: On facts, it is much after the period of six months of the notice given by the appellant that the proceeding was instituted – The notice served was in conformity with the proviso to s.21 – Further, the respondent has not raised objection relating to defective notice in reply to legal notice, in the written statement before the Rent Controller or before the Appellate Court – Therefore, the objection relating to defecting notice is now capable of being waived – Thus, the impugned order of the High Court is set aside – The order of the Rent Controller, as affirmed by the Appellate Authority is restored with the modification that the appellants will pay a sum of Rs.30,000/- to the respondents in terms of the second proviso to s.21 of the Act.
Allowing the appeal, the Court
HELD: 1. This Court has noticed the facts. Indeed, it is much after the period of six months of the notice given by the appellant that the proceeding has been instituted. This Court, in fact, inclined to take the view that the notice which has been served would be in conformity with the proviso. [Para 7] [673-E-F]
2. In view of the judgment of this Court in Martin & Harris Ltd., where this Court has taken the view interpreting the very same provision with which instant case is concerned, that the objection relating to defective notice is capable of being waived, this Court is of the view that the appellant should not be denied the benefit of the said view. It is further noticed that, on facts, the present case stands on a more sturdier footing. In Martin & Harris Ltd., the tenant had, in fact, raised objection, which he did not press, whereas, in the facts of this case, the tenant has not raised any objection in not only the reply notice, but even in the written statement before the Rent Controller. What fortifies this Court further is that even in the appeal before the appellate Court, the tenant did not urge the ground. If at all there is a case for waiver, this would be one. [Para 9][676-E-G]
3. However, under Section 21 of the Act, in respect of a non-residential premises or a building let out exclusively for nonresidential purpose, an order for payment of an amount not exceeding two months’ rent as compensation is called for. In this case, admittedly, a building was let out exclusively for nonresidential purposes. In terms of the said proviso, having heard learned senior counsel, this Court is inclined to order that the appellants shall pay a sum of Rs.30,000/- to the respondents. [Paras 10 and 11][676-G-H; 677-C]
Martin & Harris Ltd. v. Vith Additional Distt. Judge (1998) 1 SCC 732 : [1997] 6 SCR 380 – relied on.
Nirbhai Kumar vs. Maya devi & Ors. (2009) 5 SCC
399 : [2009] 4 SCR 1052 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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