Sec 24A TO 24C (Chapter IV-A Summary Trial of Certain Applications)The Uttar Pradesh Urban Buildings Act

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24-A The provisions of this Chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent herewith contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary.

24-B (1) Where a landlord who, being a person in occupation of any residential public building is required, by or in pursuance of any general or special order made by the Government or other authority concerned, to vacate such building, or in default, to incur certain obligations, on the ground that the owns, in the same city, municipality, notified are or town area residential building either in his own name or in the name of any member of his family, there shall accrue, on and from the date of such order, to such landlord, a right to recover immediately possession of any building let out by him:

Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the same city, municipality, notified area or town area, two or more dwelling houses, whether in his own name or in the name of any member of his family, to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover.

(2) Where the landlord exercises the right of recovery conferred on him by sub-section (1), no compensation shall be payable by him to the tenent or any person claiming through or under him and no claim for such compensation shall be entertained by any court tribunal or other authority:

Provided that where the landlord had received –

(a) any rent in advance from the tenant, he shall within a period of ninety days from the date of recovery of possession of the building by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease;

(b) any other payment form the tenant, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease:

Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of twelve per cent per annum on the amount which he has omitted or failed to refund.

24-C (1) Every application by a landlord for the recovery of possession of any building on the ground specified in section 24-B shall be made to the District Magistrate and be dealt with in accordance with the procedure specified in this section.

(2) The District Magistrate shall issue summons, in relation to every application referred to in sub-section (1) in the form prescribed.

(3) (a) The District Magistrate shall, in addition to and simultaneously with, the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgment due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstance of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain;

(b) when an acknowledgment purporting to be signed by the tenant or his agent is received by the District Magistrate or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article the District Magistrate may declare that there has been a valid service of summons.

(4) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) shall not contest the prayer for eviction from the premises unless he files an affidavit staging the grounds on which he seeks to contest the application for eviction and obtain leave from the District Magistrate as hereinafter provided, and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the applications for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.

(5) The District Magistrate shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in section 24-B.

(6) Where leave is granted to the tenant to contest the applications, the District Magistrate shall commence the hearing of the application as early as practicable.

(7) No appeals or second appeal shall lie against an order for the recovery of possession of any premises made by the District Magistrate in accordance with the procedure specified in this section :

Provided that the District Judge, for the purpose of satisfying himself that an order made by the District Magistrate under this section is according to law, call for the records of the case and pass such order in respect thereto as he thinks fit.

(8) Where no application has been made to the District Judge on revision, the District Magistrate may exercise the posers of review in accordance with the provisions of order XLVII of the First Schedule to the Code of Civil Procedure, 1908.]

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