Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

PREAMBLE

Which President’s Act amended U.P. Act No. 13 of 1972?

President’s Act No. 19 of 1973.

Which U.P. Acts amended the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972?

U.P. Act No. 19 of 1974 and U.P. Act No. 30 of 1974.

On what date was the Act passed by the Uttar Pradesh Legislative Assembly?

January 18, 1972.

On what date was the Act passed by the Uttar Pradesh Legislative Council?

January 21, 1972.

Under which Article of the Constitution did the President assent to the Act?

Article 201 of the Constitution of India.

On what date did the President assent to the Act?

March 8, 1972.

On what date was the Act published in the Uttar Pradesh Gazette?

March 13, 1972.

In which Gazette was the Act published?

Uttar Pradesh Gazette, Extraordinary.

For whose interest was the Act enacted?

In the interest of the general public.

What does the Act regulate regarding urban buildings?

Letting and rent of certain classes of buildings situated in urban areas.

What does the Act provide regarding tenants?

Eviction of tenants from certain classes of buildings situated in urban areas.

To which areas does the Act apply according to the preamble?

Urban areas.

What additional matters does the Act cover apart from letting, rent, and eviction?

Matters connected therewith.

In which year of the Republic of India was the Act enacted?

The Twenty-third year of the Republic of India.

CHAPTER I

PRELIMINARY

What is the subject matter of Section 1 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972?

Short title, extent, application and commencement.

To what extent does the Act apply under Section 1(2)?

It extends to the whole of Uttar Pradesh.

To which cities does the Act apply under Section 1(3)(a)?

Every city as defined in the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959.

To which municipalities does the Act apply under Section 1(3)(b)?

Every municipality as defined in the United Provinces Municipalities Act, 1916.

To which notified areas does the Act apply under Section 1(3)(c)?

Every notified area constituted under the United Provinces Municipalities Act, 1916.

To which town areas does the Act apply under Section 1(3)(d)?

Every town area constituted under the United Provinces Town Areas Act, 1914.

When may the State Government extend the application of the Act to any other local area?

When it is satisfied that it is necessary or expedient in the interest of the general public residing in such area.

How may the State Government apply the Act to any other local area?

By notification in the Gazette.

What may the State Government declare regarding any other local area under the first proviso to Section 1(3)?

That this Act or any part thereof shall apply to such area.

What is the effect of a notification issued under the first proviso to Section 1(3)?

This Act or the specified part thereof shall apply to such area.

When may the State Government cancel or amend a notification issued under the first proviso to Section 1(3)?

When it is satisfied that it is necessary or expedient in the interest of the general public.

How may the State Government cancel or amend a notification under the second proviso to Section 1(3)?

By notification in the Gazette.

What may the State Government declare under clause (ii) of the second proviso to Section 1(3)?

That the Act or any part thereof shall cease to apply to any specified city, municipality, notified area, town area or other local area.

What is the effect of a declaration under clause (ii) of the second proviso to Section 1(3)?

The Act or the specified part thereof shall cease to apply to the specified area.

Can the State Government cancel or amend a declaration made under clause (ii) of the second proviso to Section 1(3)?

Yes, in the like manner.

How does the Act come into force under Section 1(4)?

On such date as the State Government may by notification in the Gazette appoint. (July 15, 1972)

What is the subject matter of Section 2 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972?

Exemptions from operation of Act.

To what buildings does nothing in this Act apply under Section 2(1)?

The buildings specified in clauses (a) to (h).

Which buildings are exempt under Section 2(1)(a)?

Any building of which the Government, a local authority, a public sector corporation or a Cantonment Board is the landlord.

Which buildings are exempt under Section 2(1)(b)?

Any building belonging to or vested in a recognized educational institution.

Which buildings are exempt under Section 2(1)(bb)?

Any building belonging to or vested in a public charitable or public religious institution.

Which waqf properties are exempt under Section 2(1)(bbb)?

Any building belonging to or vested in a waqf including a waqf-alal-aulad.

Which factory buildings are exempt under Section 2(1)(c)?

Any building used or intended to be used as a factory within the meaning of the Factories Act, 1948 where the plant of such factory is leased out along with the building.

Which industrial buildings are exempt under Section 2(1)(d)?

Any building used or intended to be used for manufacture, preservation or processing of goods where the plant and apparatus installed therein is leased out along with the building.

Which entertainment buildings are exempt under Section 2(1)(d)?

Any cinema or theatre where the plant and apparatus installed therein is leased out along with the building.

What is the meaning of industrial purpose under Section 2(1)(d)?

Purpose of manufacture, preservation or processing of any goods.

What exception is provided in the proviso to Section 2(1)(d)?

The clause shall not apply to any shop or other building situated within the precincts of the cinema or theatre where tenancy is created separately.

To which shops or buildings does the exemption under Section 2(1)(d) not apply?

Shops or other buildings situated within the precincts of a cinema or theatre having separate tenancy.

Which buildings are exempt under Section 2(1)(e)?

Any building used or intended to be used as a place of public entertainment or amusement including any sports stadium but excluding a cinema or theatre.

Are buildings appurtenant to places of public entertainment or amusement exempt under Section 2(1)(e)?

Yes.

Which buildings are exempt under Section 2(1)(f)?

Any building built and held by a society registered under the Societies Registration Act, 1860, or by a co-operative society, company or firm for specified purposes.

For what purposes must the building be intended under Section 2(1)(f)?

Solely for its own occupation, occupation of officers or servants, or as a guest house.

Can occupation under Section 2(1)(f) be on rent or free of rent?

Yes.

For whose occupation may a guest house under Section 2(1)(f) be maintained?

Persons having dealings with the society, co-operative society, company or firm in the ordinary course of business.

Which buildings are exempt under Section 2(1)(g)?

Any building whose monthly rent exceeds two thousand rupees.

Which tenancy is exempt under Section 2(1)(h)?

Any building of which a Mission of a foreign country or any international agency is the tenant.

For what period does the Act not apply to a building under Section 2(2)?

For a period of ten years from the date on which its construction is completed.

From which date is the exemption period under Section 2(2) calculated?

From the date on which the construction of the building is completed.

Which provisions of the Act continue to apply despite the exemption under Section 2(2)?

Section 12(5), Section 21(1-A), Section 24(2), Sections 24-A, 24-B, 24-C and Section 29(3).

What is the effect of obtaining construction funds from specified institutions under the first proviso to Section 2(2)?

The exemption period may extend beyond ten years.

Which institutions are specified in the first proviso to Section 2(2)?

The State Government, Life Insurance Corporation of India, a bank, a co-operative society or the Uttar Pradesh Avas Evam Vikas Parishad.

When does the extended exemption under the first proviso to Section 2(2) apply?

When the period of repayment of the loan or advance exceeds ten years.

What is the extended exemption period under the first proviso to Section 2(2)?

Fifteen years or the period ending with the date of actual repayment of the loan or advance including interest, whichever is shorter.

What is included in actual repayment under the first proviso to Section 2(2)?

Repayment of loan or advance including interest.

What is the exemption period for buildings completed on or after April 26, 1985?

Forty years from the date on which construction is completed.

Under which proviso is the forty years exemption period provided?

The second proviso to Section 2(2).

For the purposes of which section is the Explanation applicable?

Section 2.

When shall the construction of a building be deemed to have been completed under Explanation I(a)?

On the date on which completion is reported to or otherwise recorded by the local authority having jurisdiction.

What is the deemed date of completion in the case of a building subject to assessment?

The date on which the first assessment thereof comes into effect.

Which date shall be treated as the date of completion where the dates of report, record and assessment differ?

The earliest of the said dates.

What shall be the date of completion in the absence of any report, record or assessment?

The date on which the building is actually occupied for the first time.

Which occupation is excluded while determining actual occupation under Explanation I(a)?

Occupation merely for supervising construction or guarding the building under construction.

Can different parts of the same building have different dates of completion?

Yes.

When can different parts of a building have different dates of completion?

When they are designed as separate units or occupied separately by the landlord and tenants or by different tenants.

What does "construction" include under Explanation I(b)?

Any new construction in place of an existing building wholly or substantially demolished.

What is the effect of substantial addition to an existing building under Explanation I(c)?

The whole building including the existing building shall be deemed to be constructed on the date of completion of the addition.

When does Explanation I(c) apply to an existing building?

When the existing building becomes only a minor part due to substantial addition.

What does the expression "bank" mean under Explanation II(i)?

A banking company as defined in the Banking Regulation Act, 1949.

Which statutory bank is included within the meaning of "bank" under Explanation II(ii)?

The State Bank of India constituted under the State Bank of India Act, 1955.

Which subsidiary banks are included within the meaning of "bank" under Explanation II(iii)?

Subsidiary Banks as defined in the State Bank of India (Subsidiary Banks) Act, 1959.

Which corresponding new banks are included within the meaning of "bank" under Explanation II(iv)?

Corresponding new banks constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.

Which co-operative banks are included within the meaning of "bank" under Explanation II(v)?

A Financing Bank or Central Bank as defined in the Uttar Pradesh Co-operative Societies Act, 1965, not being a Land Development Bank.

Can the State Government notify any other financial institution as a bank under the Act?

Yes.

How may the State Government notify a financial institution as a bank under Explanation II(vi)?

By notification in the Gazette.

When shall a building be deemed to be constructed substantially out of specified funds under Explanation III?

When funds obtained from one or more specified sources account for more than one-half of the cost of construction.

What proportion of construction cost must come from specified sources for Explanation III to apply?

More than one-half of the cost of construction.

What is the subject matter of Section 2-A of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972?

Special provisions for short term licence.

Who may grant a short term licence under Section 2-A(1)?

A person occupying a building as owner, tenant or in any other capacity.

What is such person called under Section 2-A?

Licensor.

Who is the person permitted to occupy the building under Section 2-A called?

Licensee.

For what purpose may a licence be granted under Section 2-A(1)?

For purely temporary residential accommodation.

What is the maximum original period of licence under Section 2-A(1)?

Three months.

Is an allotment order under Section 16 necessary for grant of licence under Section 2-A(1)?

No.

Who must give intimation of grant of licence to the District Magistrate?

The licensor and the licensee jointly.

Within what time must intimation of grant of licence be given to the District Magistrate?

Within one month from the date of occupation by the licensee.

From which date is the period for giving intimation calculated?

From the date of occupation of the building or part by the licensee.

Who may extend the period of temporary occupation under the second proviso to Section 2-A(1)?

The District Magistrate.

Up to what period may temporary occupation be extended under the second proviso to Section 2-A(1)?

Up to six months in the aggregate.

Does the aggregate period under the second proviso include the original period of occupation?

Yes.

Can a similar licence be granted again immediately after vacation by the last licensee?

No.

Within what period can a similar licence not be granted again in respect of the same building or part?

Within one year from the date of vacation by the last licensee.

Is a licensee deemed to be a tenant for the purposes of Section 20?

No.

Does payment of rent by the licensee make him a tenant under Section 20?

No.

Is the licensor deemed to have ceased to occupy the building merely by granting such licence?

No.

Under which section is cessation of occupation referred to in Section 2-A(3)?

Section 12.

Can the District Magistrate make an allotment under Section 16 in respect of the building vacated by the licensee without landlord’s consent?

No.

Whose consent is necessary before making allotment under Section 16 after vacation by the licensee?

Consent of the landlord.

What remedy is available if the licensee refuses to vacate after expiry of licence?

The licensor may apply to the prescribed authority for eviction.

To whom may the licensor apply for eviction of the licensee under Section 2-A(5)?

The prescribed authority.

What shall the prescribed authority do upon an application under Section 2-A(5)?

Order eviction of the licensee.

What is the nature of the eviction order passed under Section 2-A(5)?

Final.

What opportunity must be given before passing an eviction order under Section 2-A(5)?

A reasonable opportunity of being heard to the parties concerned.

Which provision applies to an order made under Section 2-A(5)?

Section 23.

How is an order under Section 2-A(5) treated for the purposes of Section 23?

As if it were an order made under Section 21 or Section 22.

What is the subject matter of Section 2-B?

Constitution of Rent Control Tribunals.

What power is conferred upon the State Government under Section 2-B(1)?

The State Government may, by notified order, constitute one or more Rent Control Tribunals in each district and may likewise cancel or amend such order.

What powers may be conferred on the Rent Control Tribunal under Section 2-B(2) and what is its effect?

The State Government may confer all or any powers of the District Magistrate or prescribed authority on the Tribunal and thereupon the Tribunal shall be deemed to be the District Magistrate or prescribed authority for the purposes of this Act.

What is the effect of constitution of a Tribunal on pending cases under Section 2-B(2)?

All pending cases before the District Magistrate or prescribed authority shall stand transferred to the Tribunal and proceedings shall continue from the stage at which the case was transferred and be disposed of by the Tribunal.

What is the subject matter of Section 3 of the Act?

Definitions.

Who is a "tenant" under Section 3(a)?

A person by whom the rent of a building is payable.

Who are deemed tenants on the death of a tenant in case of a residential building under Section 3(a)?

Such only of his heirs as normally resided with him in the building at the time of his death.

Who are deemed tenants on the death of a tenant in case of a non-residential building under Section 3(a)?

His heirs.

Who shall not be deemed to be a tenant under the Explanation to Section 3(a)?

An occupant of a room in a hotel or lodging house.

What is "house tax" under Section 3(b)?

The tax mentioned in Section 128(1)(i) of the United Provinces Municipalities Act, 1916, Section 173(1)(a) of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, or Section 14(1)(e) of the United Provinces Town Areas Act, 1914.

What is included in the expression "District Magistrate" under Section 3(c)?

An officer authorized by the District Magistrate to exercise, perform and discharge all or any of his powers, functions and duties under this Act.

Can different officers be authorized by the District Magistrate under Section 3(c)?

Yes, in respect of different areas, cases or classes of cases.

What power does the District Magistrate have regarding cases assigned to authorized officers under Section 3(c)?

He may recall any case and either dispose of it himself or transfer it to any other such officer for disposal.

What is the limitation on delegation under the proviso to Section 3(c)?

The District Magistrate cannot delegate his power to make or authorize the making of a complaint under Section 33.

What is the meaning of "prescribed" under Section 3(d)?

Prescribed by rules made under this Act.

What is the meaning of "prescribed authority" under Section 3(e)?

A Civil Judicial Officer or Judicial Magistrate authorized by the District Judge to exercise, perform and discharge all or any powers, functions and duties of the prescribed authority under this Act.

Can different officers be authorized as prescribed authority under Section 3(e)?

Yes, in respect of different areas, cases or classes of cases.

What power does the District Judge have regarding cases assigned to prescribed authorities under Section 3(e)?

He may recall any case and transfer it for disposal to any other such officer.

What is "assessment" under Section 3(f)?

The assessment or proportionate assessment of the letting value of a building by the local authority having jurisdiction.

How shall the expression "assessed" be construed under Section 3(f)?

In accordance with the assessment or proportionate assessment of the letting value of the building.

What is included in the expression "family" under Section 3(g)?

Spouse, male lineal descendants, and such parents, grandparents and unmarried, widowed, divorced or judicially separated daughter or daughter of a male lineal descendant as normally resided with him or her.

What additional person is included in the family of a landlord under Section 3(g)?

Any female having a legal right of residence in that building.

What is "the old Act" under Section 3(h)?

The United Provinces (Temporary) Control of Rent and Eviction Act, 1947.

What is the meaning of "building" under Section 3(i)?

A residential or non-residential roofed structure.

What is included in the expression "building" under Section 3(i)?

Any appurtenant land including garden, garages, out-houses, furniture supplied by the landlord, and fittings and fixtures affixed for more beneficial enjoyment of the building.

Who is a "landlord" under Section 3(j)?

A person to whom the rent of a building is or, if the building were let, would be payable.

Who is included within the meaning of "landlord" under Section 3(j)?

The agent or attorney of such person except in clause (o).

What is "standard rent" under Section 3(k) in case of a building governed by the old Act and let out at the commencement of this Act?

The agreed rent or the reasonable annual rent plus 25 per cent thereon, whichever is greater.

What is the standard rent where there is no agreed rent but there is reasonable annual rent under Section 3(k)(i)(b)?

The reasonable annual rent plus 25 per cent thereon.

What is the standard rent where there is neither agreed rent nor reasonable annual rent under Section 3(k)(i)(c)?

The rent determined under Section 9.

What is the standard rent in cases other than those governed by the old Act under Section 3(k)(ii)?

The assessed letting value for the time being in force, and in absence of assessment, the rent determined under Section 9.

What is meant by "State Government" under Section 3(l)?

The Government of Uttar Pradesh.

What is "local authority" under Section 3(m)?

A Nagar Mahapalika, municipal board, notified area committee, town area committee, Zila Parishad, Development Authority established under the Uttar Pradesh Urban Planning and Development Act, 1973, or the Uttar Pradesh Avas Evam Vikas Parishad established under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965.

What is "improvement" in relation to a building under Section 3(n)?

Any addition, alteration or provision of new amenity to the tenant and includes repairs in any year exceeding two months’ rent.

What is a "public building" under Section 3(o)?

Any building belonging to, taken on lease or requisitioned by or on behalf of the Central Government, State Government, local authority or public sector corporation.

What is a "public sector corporation" under Section 3(p)?

A corporation owned or controlled by the Government including a company in which not less than fifty per cent of paid up share capital is held by the Government.

What is a "recognized educational institution" under Section 3(q)?

Any University established by law in India or any institution recognized under the Intermediate Education Act, 1921, the Uttar Pradesh Basic Education Act, 1972, or recognized or affiliated under the Uttar Pradesh State Universities Act, 1973.

What is a "charitable institution" under Section 3(r)?

Any establishment, undertaking, organization or association formed for a charitable purpose and includes a specific endowment.

What is included in "charitable purpose" under the Explanation to Section 3(r)?

Relief of poverty, education, medical relief and advancement of any object of utility or welfare to the general public or any section thereof not being exclusively religious.

What is a "religious institution" under Section 3(s)?

A temple, math, mosque, church, gurudwara or any other place of public worship.

CHAPTER II

Regulation of Rent

What is the subject matter of Section 4?

Prohibition of premium, and rent payable generally.

What is prohibited under Section 4(1)?

No landlord shall take or receive any premium or additional payment over and above the rent for admitting a tenant, and no tenant shall take or receive any premium for admitting a sub-tenant or any other person.

What is the rent payable for a building under Section 4(2)?

Such rent as may be agreed upon between the landlord and tenant and in absence of agreement, the standard rent, subject to Sections 5, 6, 7, 8, 9-A and 10.

What is the subject matter of Section 5?

Rent payable in case of old building.

What right is given to the landlord under Section 5 in respect of a tenancy continuing from before the commencement of the Act?

The landlord may by written notice given within three months from the commencement of the Act enhance the rent to an amount not exceeding the standard rent.

From when is the enhanced rent payable under Section 5?

From the commencement of this Act.

What is the subject matter of Section 6?

Effect of improvement on rent.

When may a landlord enhance the rent under Section 6?

Where after commencement of the Act he has made any improvement in the building with the tenant’s consent or in pursuance of any requirement of law.

How may and to what extent can rent be enhanced under Section 6?

By written notice to the tenant within three months from completion of the improvement enhancing the monthly rent by an amount not exceeding one per cent of the actual cost of improvement.

What is the effect of enhancement under Section 6?

The enhanced rent shall be payable from the date of completion of improvement and the standard rent shall stand enhanced accordingly.

What is the subject matter of Section 7?

Liability to pay taxes.

What taxes is a tenant liable to pay under Section 7?

Water tax and twenty-five per cent of every enhancement in house tax made after commencement of the Act payable in respect of the building or part under his tenancy.

What enhancement in house tax is excluded under Section 7(b)?

Enhancement occasioned on account of increase in assessment resulting from enhancement of rent under Section 5.

What is the nature of tax payable by the tenant under Section 7?

It shall be payable to the landlord in addition to and as part of the rent.

To whom does Section 7 not apply?

A tenant whose rent for the time being excluding enhancement under Section 5 does not exceed twenty-five rupees per month.

What is the subject matter of Section 8?

Disputes regarding amount of standard rent, etc.

What disputes may be determined by the District Magistrate under Section 8(1)?

Disputes regarding standard rent, enhancement of rent under Sections 5 or 6, date of enhancement, taxes payable under Section 7, proportionate rent after release under Sections 16 or 21, or rent payable for a new building under Section 24(2).

Who may determine disputes under Section 8(1)?

The District Magistrate on an application made in that behalf.

What power does the District Magistrate have under Section 8(2) where assessment is lower than agreed rent?

He may direct the local authority to enhance the assessment in accordance with the agreed rent after giving the landlord an opportunity of being heard.

From which date shall enhanced assessment take effect under Section 8(2)?

From the date the agreed rent became payable or the commencement of the Act, whichever is later.

What is the effect of an order under Section 8(2)?

The assessment shall be corrected accordingly notwithstanding anything contained in the law relating to the local authority.

What is the nature of orders under Section 8(1) and 8(2)?

They shall, subject to appeal under Section 10, be final.

What is the subject matter of Section 9?

Determination of standard rent.

When shall the District Magistrate determine the standard rent under Section 9(1)?

Where a building governed by the old Act has neither reasonable annual rent nor agreed rent, or in any other case where there is neither agreed rent nor assessment in force.

Who may determine the standard rent under Section 9(1)?

The District Magistrate on an application made in that behalf.

What factors may be considered by the District Magistrate in determining standard rent under Section 9(2)?

Market value of the building and site, cost of construction, maintenance and repairs, prevailing rents of similar buildings, amenities provided, latest assessment and any other relevant fact.

What shall ordinarily be considered as annual standard rent under Section 9(2-A)?

Ten per cent per annum on the market value of the building including its site on the relevant date.

What shall be the monthly standard rent under Section 9(2-A)?

One-twelfth of the annual standard rent so calculated.

What is the effect of an order made under Section 9(1)?

Every order under Section 9(1) shall, subject to the result of any appeal under Section 10, be final.

 What is the subject matter of Section 9-A?

Revision of rent of commercial buildings let out by public religious institution.

Who may apply for revision of monthly rent under Section 9-A(1)?

Landlord of a building belonging to a public charitable or public religious institution.

For what purpose must the building be let out under Section 9-A(1)?

For the purposes of a shop or commercial establishment.

Before whom may application for revision of rent be made under Section 9-A(1)?

District Magistrate.

What is the basis for revision of rent under Section 9-A(1)?

One-twelfth of ten per centum of the market value of the building under tenancy.

What is the maximum limit of revised rent under the proviso to Section 9-A(1)?

It shall not exceed double the rent payable on the date of application.

From when is revised rent payable under Section 9-A(2)?

From the commencement of the month of tenancy next following the date of application.

Within what period cannot a fresh application for revision of rent be moved under Section 9-A(3)?

Within five years from the date of the final order.

What is the meaning of ‘shop’ and ‘commercial establishment’ under Explanation to Section 9-A?

Meaning assigned in the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962.

What is the subject matter of Section 10?

Appeal against order under Sections 8, 9 and 9-A.

Who may prefer an appeal under Section 10(1)?

Any person aggrieved by an order of the District Magistrate under Sections 8, 9 or 9-A.

Within what period may an appeal be preferred under Section 10(1)?

Within thirty days from the date of the order.

Before whom shall appeal under Section 10(1) lie?

District Judge.

What powers does the District Judge have regarding disposal of appeal under Section 10(1)?

He may dispose it himself or assign, recall or transfer it to an Additional District Judge under his administrative control.

What powers does the appellate authority have under Section 10(2)?

It may confirm, vary, rescind or remand the order.

Can the appellate authority take additional evidence under Section 10(2)?

Yes.

Can operation of the order under appeal be stayed under Section 10(2)?

Yes, on such terms as the appellate authority thinks fit.

Whether further appeal or revision lies against an order under Section 10?

No further appeal or revision shall lie.

What is the effect of the order passed by the appellate authority under Section 10(3)?

Its order shall be final.

What is the subject matter of Section 11?

Prohibition of letting without allotment order.

What is prohibited under Section 11?

Letting of any building without an allotment order.

Under which provision must allotment order be issued for letting of building?

Section 16.

What is the subject matter of Section 12?

Deemed vacancy of building in certain cases.

When shall a landlord or tenant be deemed to have ceased to occupy a building under Section 12(1)(a)?

When he has substantially removed his effects therefrom.

Chapter III

Regulation of Letting

When shall a landlord or tenant be deemed to have ceased to occupy a building under Section 12(1)(b)?

When he has allowed it to be occupied by a person who is not a member of his family.

When shall a landlord or tenant of a residential building be deemed to have ceased to occupy it under Section 12(1)(c)?

When he and members of his family have taken up residence elsewhere, not being temporary residence.

When shall a tenant of a non-residential building be deemed to have ceased to occupy it under Section 12(2)?

When he admits a person not being a member of his family as a partner or new partner in the business.

When shall a tenant of a residential building be deemed to have ceased to occupy the building under Section 12(3)?

When he or any member of his family builds, otherwise acquires in a vacant state, or gets vacated a residential building in the same city, municipality, notified area or town area.

When shall a tenant who built such residential building before commencement of the Act be deemed to have ceased to occupy the tenanted building?

Upon expiration of one year from the date of commencement of the Act.

When shall a person be deemed to have otherwise acquired a building under Explanation (a) to Section 12(3)?

When he is occupying a public building for residential purposes as tenant, allottee or licensee.

Who is excluded from the expression ‘any member of family’ under Explanation (b) to Section 12(3)?

A person who neither normally resides with nor is wholly dependent on the tenant.

When shall a tenant holding a transferable post be deemed to have ceased to occupy a residential building under Section 12(3-A)?

From the thirtieth day of June following the date of transfer or from the date of allotment of residential accommodation at transferred place, whichever is later.

When shall a tenant engaged in profession, trade, calling or employment be deemed to have ceased to occupy the residential building under Section 12(3-B)?

From the date on which he obtains vacant possession of his other building in another city, municipality, notified area or town area.

What is the effect of cessation of occupation under Section 12(4)?

The building or part thereof shall be deemed to be vacant.

What right is conferred under Section 12(5)?

Right to apply under Section 21(1)(a) for eviction of tenant from residential building referred to in Section 12(3).

Whether application under Section 12(5) can be made even if the remaining provisions of the Act do not apply to the building?

Yes.

What is the subject matter of Section 13?

Restrictions on occupation of building without allotment or release.

When does restriction under Section 13 apply?

Where a landlord or tenant ceases to occupy a building or part thereof.

How can a person lawfully occupy a building under Section 13?

Under an order of allotment or release under Section 16.

What is the status of a person occupying a building otherwise than under an order under Section 16?

He shall be deemed to be an unauthorized occupant.

Whether deeming of unauthorized occupation under Section 13 affects Section 31?

No, it is without prejudice to Section 31.

What is the subject matter of Section 14?

Regularization of occupation of existing tenants.

Who is covered under Section 14?

Any licensee within the meaning of Section 2-A or tenant in occupation of a building with consent of the landlord immediately before commencement of the Amendment Act, 1976.

What is the effect of Section 14 on such licensee or tenant?

He shall be deemed to be an authorized licensee or tenant.

Which persons are excluded from benefit of Section 14?

Persons against whom any suit or proceeding for eviction was pending on the date of commencement of the Amendment Act, 1976.

Whether Section 14 operates notwithstanding anything contained in any other law?

Yes.

What is the subject matter of Section 15?

Obligation to intimate vacancy to District Magistrate.

What is the duty of landlord on occurrence of vacancy under Section 15(1)?

To give notice of vacancy in writing to the District Magistrate.

Within what time must landlord give notice under Section 15(1)?

Not later than seven days after occurrence of vacancy.

Can notice of vacancy be given before occurrence of vacancy under Section 15(1)?

Yes, at the option of the landlord.

What is the duty of tenant vacating a building under Section 15(2)?

To give notice in writing to the District Magistrate and the landlord.

Within what time must tenant give notice under Section 15(2)?

Not less than fifteen days before the vacancy.

What shall notice under Section 15(1) or 15(2) contain?

Such particulars as may be prescribed.

Who may condone delay in giving notice under Section 15?

District Magistrate.

On what ground may delay be condoned under Section 15(4)?

Sufficient cause for not giving notice within time.

What is the subject matter of Section 16?

Allotment and release of vacant building.

What power does the District Magistrate have under Section 16(1)(a)?

To require the landlord to let a vacant building or part thereof to any person specified in the order.

What is an order under Section 16(1)(a) called?

Allotment order.

What power does the District Magistrate have under Section 16(1)(b)?

To release the whole or part of the building or appurtenant land in favour of the landlord.

What is an order under Section 16(1)(b) called?

Release order.

Can appurtenant land alone be allotted under Section 16(1)(a)?

No.

In which cases must opportunity of hearing be given under proviso to Section 16(1)?

In vacancy referred to in Section 12(4).

To whom must opportunity of hearing be given under proviso to Section 16(1)?

Landlord or tenant, as the case may be.

For what purpose is opportunity of hearing given under proviso to Section 16(1)?

To show that Section 12 is not attracted to the case.

What is the condition for making a release order under Section 16(2)?

District Magistrate must be satisfied that the building or land is bona fide required by the landlord.

For whose occupation may release order be made under Section 16(2)?

For occupation by the landlord, any member of his family or any person for whose benefit it is held.

For what purposes may release order be made under Section 16(2)?

Residential purposes or purposes of any profession, trade or calling.

When may trustee of a public charitable trust seek release under Section 16(2)?

For the objects of the trust.

When may release order be made on the ground of condition of building under Section 16(2)?

When the building is in dilapidated condition and required for demolition and new construction.

For what purpose may appurtenant land be released under Section 16(2)?

For constructing new buildings or dividing into plots for sale for construction of new buildings.

What restriction is imposed by proviso to Section 16(2)?

No application shall be entertained for a charitable trust discriminating on ground of religion, caste or place of birth.

What shall an allotment order specify under Section 16(3)(a)?

Whether the building shall be used for residential or non-residential purposes.

What shall an allotment order specify in case of business purposes under Section 16(3)(b)?

Names of proprietors or partners of the business.

What date shall be specified in allotment order under Section 16(3)(c)?

Date by which landlord shall deliver possession to allottee.

Can the date for delivery of possession under Section 16(3)(c) be earlier than seven days from the order?

No.

What other particulars may an allotment order specify under Section 16(3)(d)?

Such particulars as may be prescribed.

What power does the District Magistrate have under Section 16(4)?

To evict persons in occupation and put allottee or landlord in possession.

Who may apply under Section 16(4)?

Allottee or landlord unable to obtain possession.

Can force be used under Section 16(4)?

Yes, such force as may be necessary.

Who may be evicted under Section 16(4)?

Any person named in the order and every person claiming under him or found in occupation.

Who may seek review under Section 16(5)(a)?

Landlord or any other person claiming to be lawful occupant.

On what ground may review be sought under Section 16(5)(a)?

That the allotment or release order was not made in accordance with Section 16(1)(a) or (b).

Within what time must application for review under Section 16(5)(a) be made?

Within seven days after eviction.

What is the effect of setting aside or modifying allotment or release order under Section 16(5)(b)?

Applicant, if evicted, shall be put back into possession.

Can force be used for restoration of possession under Section 16(5)(b)?

Yes, such force as may be necessary.

What power does the District Magistrate have if review application is false or frivolous under Section 16(6)?

To award special costs to allottee or landlord.

What is the maximum special cost awardable under Section 16(6)?

Five hundred rupees.

What is the effect of Section 16(7)?

Every order under Section 16 shall, subject to Section 18, be final.

From when shall allottee be deemed to become tenant under Section 16(8)?

From the date of allotment.

When shall allottee become tenant from date of possession under Section 16(8)?

Where he is unable to obtain possession due to stay order or occupation by another person.

What shall the District Magistrate require while making allotment order under Section 16(9)?

Payment of advance by the allottee to the landlord.

What advance is payable for building situated in a hill municipality under Section 16(9)(a)?

One half of the yearly presumptive rent.

What advance is payable in other cases under Section 16(9)(b)?

One month's presumptive rent.

What is the consequence of failure to pay advance under Section 16(9)?

The allotment order may be rescinded.

What is meant by “presumptive rent” under Explanation to Section 16(9)?

Rent which the District Magistrate prima facie considers reasonable under Section 9(2) and (2-A).

What is the minimum presumptive rent under proviso to Section 16(9)?

Rent payable by the last tenant, if any.

Is formal inquiry necessary before fixing presumptive rent under Section 16(10)?

No.

To what is presumptive rent subject under Section 16(10)?

Written agreement between parties or determination of standard rent under Section 9.

What rent is tenant liable to pay until presumptive rent is revised under Section 16(10)?

Presumptive rent specified in the allotment order.

What is the effect of subsequent order under Section 9 under proviso to Section 16(10)?

It shall relate back to the date of commencement of tenancy.

What is the subject matter of Section 17?

Conditions of making allotment order.

Within what period shall allotment order be made and communicated under Section 17(1)?

Within twenty-one days from receipt of intimation under Section 15(1).

What right accrues to landlord if allotment order is not made within twenty-one days under Section 17(1)?

He may intimate the name of a person of his choice.

What shall the District Magistrate do on nomination by landlord under Section 17(1)?

Allot the building in favour of the nominated person.

When may the District Magistrate allot the building to another person under Section 17(1)?

For special and adequate reasons to be recorded within ten days from receipt of nomination.

From when shall twenty-one days be computed where release application under Section 16(1)(b) is made?

From the date of decision on the release application or review or appeal therefrom.

In whose favour shall remaining part of residential building be allotted under Section 17(2)?

In favour of a person nominated by the landlord.

When shall adjoining buildings be deemed part of each other under Explanation to Section 17(2)?

When they have common entrance, common passage, or shared sanitary conveniences or amenities.

Whether independently fit adjoining buildings may still be treated as part of each other under Explanation to Section 17(2)?

Yes.

What is the subject matter of Section 18?

Appeal against order of allotment or release.

Whether appeal lies against an order under Section 16 or Section 19?

No.

What remedy is available against a final order under Section 16 or Section 19?

Revision to the District Judge.

Within what time may revision under Section 18(1) be preferred?

Within fifteen days from the date of the order.

Before whom shall revision under Section 18(1) lie?

District Judge.

On what ground may revision be preferred under Section 18(1)(a)?

District Magistrate exercised jurisdiction not vested in him by law.

On what ground may revision be preferred under Section 18(1)(b)?

District Magistrate failed to exercise jurisdiction vested in him by law.

On what ground may revision be preferred under Section 18(1)(c)?

District Magistrate acted illegally or with material irregularity in exercise of jurisdiction.

What powers does the revising authority have under Section 18(2)?

It may confirm, rescind or remand the final order.

Can operation of order be stayed during revision under Section 18(2)?

Yes, on such terms as the revising authority thinks fit.

Whether force may be used under Section 18(2)?

Yes, such force as may be necessary.

What limitation is imposed by Explanation to Section 18(2)?

Power to rescind does not include power to pass or direct allotment in favour of another person.

What is the effect of rescinding an order under Section 16 or 19 under Section 18(3)?

Parties shall be placed back in the position which they would have occupied but for such order.

Who may restore parties to original position under Section 18(3)?

District Magistrate.

Can force be used for restoration under Section 18(3)?

Yes, such force as may be necessary.

What is the subject matter of Section 19?

Re-allotment in the event of landlord abusing the release order.

On what grounds must release order have been made for Section 19 to apply?

On ground of personal occupation, trust objects, or demolition and new construction.

When may release order be revoked under Section 19?

When landlord misuses the building or fails to occupy it within prescribed time.

What misuse by landlord attracts Section 19?

Putting another person in occupation or using building for purpose other than that for which it was released.

Within what time must landlord occupy the building under Section 19?

Within one month from obtaining possession or within extended period allowed by District Magistrate.

From when is period computed for building proposed to be occupied after construction or reconstruction under Section 19?

From the date of completion thereof.

Within what period must application under Section 19 be made?

Within three months from the date of such act or omission.

Who may revoke the release order under Section 19?

District Magistrate or District Judge, as the case may be.

What opportunity must be given before revoking release order under Section 19?

Opportunity of being heard to the landlord.

What is the effect of revocation of release order under Section 19?

Building or part may be treated as vacant and allotted accordingly.

CHAPTER IV

Regulation of Eviction

What is the subject matter of Section 20?

Bar of suit for eviction of tenant except on specified grounds.

What is the general bar under Section 20(1)?

No suit shall be instituted for eviction of a tenant from a building.

Whether eviction suit is barred despite determination of tenancy under Section 20(1)?

Yes.

When is suit for eviction maintainable under proviso to Section 20(1)?

On determination of fixed term tenancy entered by compromise or adjustment recorded in court or reduced to writing and signed by tenant.

On what ground can eviction suit be instituted under Section 20(2)(a)?

Arrears of rent for not less than four months and failure to pay within one month of notice of demand.

What period of arrears applies to armed forces tenant under proviso to Section 20(2)(a)?

One year.

On what ground can eviction suit be instituted under Section 20(2)(b)?

Wilful substantial damage to the building.

On what ground can eviction suit be instituted under Section 20(2)(c)?

Unauthorized construction or structural alteration diminishing value, utility or disfiguring the building.

On what ground can eviction suit be instituted under Section 20(2)(d)?

Use of building for purpose other than permitted purpose or illegal or immoral purposes.

On what ground can eviction suit be instituted under Section 20(2)(e)?

Sub-letting in contravention of Section 25 or the old Act.

On what ground can eviction suit be instituted under Section 20(2)(f)?

Renunciation of character as tenant or denial of landlord’s title.

On what condition can eviction suit be instituted under Section 20(2)(f)?

Landlord has not waived right of re-entry or condoned conduct of tenant.

On what ground can eviction suit be instituted under Section 20(2)(g)?

Occupation as part of employment and cessation of employment.

What relief is available to tenant under Section 20(4)?

Relief against liability for eviction on ground of arrears of rent.

What must tenant pay or tender at first hearing under Section 20(4)?

Entire amount of rent, damages for use and occupation, interest and landlord's costs of suit.

At what rate is interest payable under Section 20(4)?

Nine per cent per annum.

At what rate are damages for use and occupation calculated under Section 20(4)?

At the same rate as rent.

What amount shall be deducted under Section 20(4)?

Amount already deposited under Section 30(1).

What order may the court pass under Section 20(4)?

Order relieving tenant against liability for eviction.

To whom does Section 20(4) not apply under proviso?

Tenant or family member who has built, otherwise acquired vacant, or got vacated a residential building in the same city, municipality, notified area or town area.

What is meant by ‘first hearing’ under Explanation (a) to Section 20(4)?

First date for any step or proceeding mentioned in summons served on defendant.

What is included in ‘cost of the suit’ under Explanation (b) to Section 20(4)?

One-half of counsel’s fee taxable for a contested suit.

Whether Section 20 affects power of court to pass decree on compromise under Section 20(5)?

No.

Under which provision may compromise decree be passed under Section 20(5)?

Rule 3 of Order XXIII of the First Schedule to the Code of Civil Procedure, 1908.

What amounts are covered under Section 20(6)?

Amount deposited under Section 20(4) or Rule 5 of Order XV CPC.

To whom shall amount deposited under Section 20(6) be paid?

Landlord.

When shall amount deposited under Section 20(6) be paid to landlord?

Forthwith on his application.

Whether payment under Section 20(6) prejudices pleadings of parties?

No.

Whether payment under Section 20(6) is subject to ultimate decision in suit?

Yes.

What is the subject matter of Section 21?

Proceedings for release of building under occupation of tenant.

Who may order eviction under Section 21(1)?

Prescribed authority.

On whose application may eviction be ordered under Section 21(1)?

Application of the landlord.

On what ground may eviction be ordered under Section 21(1)(a)?

Bona fide requirement of the building by landlord or specified persons.

For whose occupation may building be required under Section 21(1)(a)?

Landlord, member of his family or person for whose benefit it is held.

For what purposes may building be required under Section 21(1)(a)?

Residential purposes or purposes of any profession, trade or calling.

When may trustee of public charitable trust seek eviction under Section 21(1)(a)?

For the objects of the trust.

On what ground may eviction be ordered under Section 21(1)(b)?

Building is in dilapidated condition and required for demolition and new construction.

What restriction applies where tenant was in occupation before purchase of building under first proviso to Section 21(1)?

No application under clause (a) shall be entertained before expiry of three years from purchase.

What notice is required under first proviso to Section 21(1)?

Six months’ notice to tenant before application.

Can notice under first proviso to Section 21(1) be given before expiry of three years?

Yes.

What compensation may be awarded under second proviso to Section 21(1)?

Amount not exceeding two years' rent.

In which cases is compensation awardable under second proviso to Section 21(1)?

Where building was let out exclusively for non-residential purposes.

Can prescribed authority impose conditions while ordering eviction under second proviso to Section 21(1)?

Yes, subject to rules.

When shall no application under Section 21(1)(a) be entertained for charitable trust purposes?

When objects of the trust discriminate on ground of religion, caste or place of birth.

Can application under Section 21(1)(a) be entertained for business purposes in case of residential building?

No.

Against which armed forces tenant shall no application under Section 21(1)(a) be entertained?

Tenant serving under special conditions certified under the Indian Soldiers (Litigation) Act, 1925 or his heirs where he died by enemy action.

What hardship shall prescribed authority consider under proviso to Section 21(1)?

Likely hardship to tenant as against likely hardship to landlord.

What factors shall prescribed authority consider while deciding hardship under proviso to Section 21(1)?

Such factors as may be prescribed.

When shall no objection by tenant be entertained under Explanation (i) to Section 21(1)?

When tenant or dependent family member has built, acquired vacant or got vacated a residential building in same city, municipality, notified area or town area.

When shall a person be deemed to have otherwise acquired a building under Note to Explanation (i)?

When occupying a public building for residential purposes as tenant, allottee or licensee.

Whose representation of need shall be deemed sufficient under Explanation (iii) to Section 21(1)?

Serving or retired Indian soldier or widow of such soldier.

For what purpose shall representation under Explanation (iii) to Section 21(1) be deemed sufficient?

Residential occupation by landlord or members of his family.

In respect of how many buildings does Explanation (iii) to Section 21(1) apply?

One building only.

What power is conferred on prescribed authority under Section 21(1-A)?

Power to order eviction of tenant from any building under tenancy.

On what ground may eviction be ordered under Section 21(1-A)?

Landlord had to vacate public residential building due to cessation of employment.

Can application under Section 21(1-A) be made before cessation of employment?

Yes, within one year before expected date of cessation.

When shall eviction order under proviso to Section 21(1-A) take effect?

On the date of actual cessation of employment.

What power does prescribed authority have under Section 21(2)?

To order eviction from surplus land appurtenant to building.

For what purposes may eviction from surplus land be ordered under Section 21(2)?

Construction of new buildings or division into plots for sale for construction of new buildings.

What condition regarding plan approval is required under Section 21(2)?

Competent authority must have approved the plan.

What is deemed to be surplus land under Explanation to Section 21(2)?

Appurtenant land exceeding double the covered area of the building.

What opportunity must be given before passing order under Section 21(3)?

Reasonable opportunity of being heard to parties concerned.

Who shall be heard where tenant servant of Government or public authority does not contest under proviso to Section 21(3)?

District Magistrate.

What right does District Magistrate have under proviso to Section 21(3)?

Right to oppose the application.

Can order under Section 21(1), 21(1-A) or 21(2) be made before determination of tenancy?

Yes.

What is the restriction under proviso to Section 21(4)?

No order shall be made before expiry of fixed term tenancy created by registered lease.

What is the effect of order under Section 21(1), 21(1-A) or 21(2) under Section 21(5)?

Building, part or appurtenant land shall stand released in favour of landlord.

What is the effect of circumstances mentioned in Section 24 on released building under proviso to Section 21(5)?

Building or part thereof shall again become subject to allotment under Chapter III.

Does proviso to Section 21(5) apply to appurtenant land alone?

No.

When does tenancy stand determined under Section 21(6)?

On expiration of thirty days from order under Section 21(1), 21(1-A) or 21(2).

In what respect may tenancy stand determined under Section 21(6)?

In entirety or in respect of released part or appurtenant land.

How shall rent for remainder of building be fixed under Section 21(6)?

By agreement between parties or determination under Section 8.

What is the effect of death of landlord during pendency of application under Section 21(7)?

Legal representatives may prosecute application on basis of their own need.

To which buildings does Section 21(1)(a) not apply under Section 21(8)?

Buildings let out to State Government, local authority, public sector corporation or recognized educational institution.

When can Section 21(1)(a) apply to buildings mentioned in Section 21(8)?

When landlord is person covered by clause (ii) or clause (iv) of Explanation to Section 21(1).

What power does District Magistrate have under first proviso to Section 21(8)?

To enhance monthly rent of the building.

To what extent may rent be enhanced under first proviso to Section 21(8)?

To one-twelfth of ten per cent of market value of the building under tenancy.

From when is enhanced rent payable under first proviso to Section 21(8)?

From commencement of month of tenancy following date of application.

When may application for further enhancement be made under second proviso to Section 21(8)?

After expiration of five years from date of last enhancement order.

What is the subject matter of Section 22?

Appeal.

Who may prefer appeal under Section 22?

Any person aggrieved by an order under Section 21 or Section 24.

Within what period may appeal under Section 22 be preferred?

Within thirty days from the date of the order.

Before whom shall appeal under Section 22 lie?

District Judge.

Which provisions apply mutatis mutandis to appeal under Section 22?

Provisions of Section 10.

What is the subject matter of Section 23?

Enforcement of eviction order.

What power does prescribed authority have under Section 23(1)?

To evict tenant or person in occupation and put landlord into possession.

Against whom may force be used under Section 23(1)?

Tenant against whom order is made under Section 21 or 22 or any person in actual occupation.

Can force be used under Section 23(1)?

Yes, such force as may be necessary.

What is the effect of order passed under Section 23(2)?

It shall be final.

What is the subject matter of Section 24?

Option of re-entry by tenant.

When does right of re-entry arise under Section 24(1)?

When landlord misuses or fails to occupy or demolish building released under Section 21 or 22.

What misuse by landlord attracts Section 24(1)?

Putting another person in occupation or using building for purpose other than for which released.

Within what time must landlord occupy building under Section 24(1)?

Within one month from obtaining possession or extended period allowed.

Within what time must landlord demolish building proposed to be demolished under Section 24(1)?

Within two months from obtaining possession or extended period allowed.

Within what period must application under Section 24(1) be made?

Within three months from date of such act or omission.

Who may order restoration of possession under Section 24(1)?

Prescribed authority or District Judge.

On what terms shall evicted tenant be restored under Section 24(1)?

On original terms and conditions.

What is consequence of failure to hand over possession under Section 24(1)?

Prescribed authority shall put tenant into possession.

Can force be used under Section 24(1)?

Yes, such force as may be necessary.

What power does the District Magistrate have under Section 24(2)?

To allot newly constructed building to the original tenant.

Who may apply under Section 24(2)?

Original tenant.

Within what time may application under Section 24(2) be made?

Within prescribed time.

How shall District Magistrate decide allotment under Section 24(2)?

After considering requirements of the original tenant.

What rent is payable for newly constructed building under Section 24(2)?

One per cent per month of the cost of construction.

What is included in cost of construction under Section 24(2)?

Cost of demolition of old building.

What is excluded from cost of construction under Section 24(2)?

Value of the land.

Whether newly constructed building is subject to provisions of the Act under Section 24(2)?

Yes.

When shall newly constructed building be exempt from operation of the Act under Section 24(2)?

When tenant makes no application, refuses, fails to take lease, or subsequently vacates the building.

For what period shall exemption under Section 24(2) continue?

Period or remaining period specified in Section 2(2).

CHAPTER IV-A

Summary Trial of Certain Applications

What does section 24A deals with

Laws inconsistent with other laws

What is the effect of Section 24-A?

Provisions of this Chapter and rules made thereunder shall have overriding effect.

Over what does Section 24-A have overriding effect?

Anything inconsistent contained in this Act, any other law, contract, custom or usage.

Whether Section 24-A overrides express and implied contracts?

Yes.

What is the subject matter of Section 24-B?

Right of landlord in occupation of residential public building to recover possession.

When does right under Section 24-B(1) accrue to landlord?

When he is required to vacate residential public building by Government or competent authority.

On what ground may landlord be required to vacate public building under Section 24-B(1)?

On ground that he owns a residential building in the same city, municipality, notified area or town area.

What right accrues to landlord under Section 24-B(1)?

Right to recover immediate possession of any building let out by him.

From which date does right under Section 24-B(1) accrue?

From the date of the order requiring vacation.

What restriction is imposed by proviso to Section 24-B(1)?

Landlord cannot recover possession of more than one dwelling house.

Can landlord owning more than one dwelling house choose the house to recover under proviso to Section 24-B(1)?

Yes.

Whether compensation is payable on exercise of right under Section 24-B(2)?

No.

Whether any claim for compensation under Section 24-B(2) is entertainable?

No.

What refund must landlord make under proviso (a) to Section 24-B(2)?

Refund of advance rent for unexpired portion of contract, agreement or lease.

Within what period must refund under proviso (a) to Section 24-B(2) be made?

Within ninety days from recovery of possession.

What refund must landlord make under proviso (b) to Section 24-B(2)?

Proportionate refund of other payments received from tenant.

How is refund under proviso (b) to Section 24-B(2) calculated?

In proportion to unexpired portion of contract, agreement or lease.

What is consequence of default in refund under second proviso to Section 24-B(2)?

Landlord shall pay simple interest at twelve per cent per annum.

What is the subject matter of Section 24-C?

Procedure for recovery of possession under Section 24-B.

Before whom shall application under Section 24-B be made under Section 24-C(1)?

District Magistrate.

How shall application under Section 24-B be dealt with under Section 24-C(1)?

In accordance with procedure specified in Section 24-C.

What shall the District Magistrate issue under Section 24-C(2)?

Summons in prescribed form.

How shall summons be served under Section 24-C(3)(a)?

By registered post acknowledgment due to tenant or his agent.

To what address shall summons be sent under Section 24-C(3)(a)?

Place where tenant or agent resides, carries on business or personally works for gain.

Can publication of summons be directed under Section 24-C(3)(a)?

Yes, in a newspaper circulating in locality of tenant’s last known residence or business.

When may District Magistrate declare valid service under Section 24-C(3)(b)?

On receipt of signed acknowledgment or refusal endorsement by postal employee.

When can tenant contest eviction application under Section 24-C(4)?

After filing affidavit stating grounds and obtaining leave from District Magistrate.

What is the consequence of failure to appear or obtain leave under Section 24-C(4)?

Landlord’s statements shall be deemed admitted and eviction order may be passed.

When shall leave to contest be granted under Section 24-C(5)?

When tenant’s affidavit discloses facts disentitling landlord from recovery of possession.

What shall District Magistrate do after granting leave under Section 24-C(6)?

Commence hearing as early as practicable.

Whether appeal or second appeal lies against order under Section 24-C(7)?

No.

What revisional power does District Judge have under proviso to Section 24-C(7)?

To call for records and pass appropriate order to satisfy himself that order is according to law.

When may District Magistrate exercise power of review under Section 24-C(8)?

Where no revision application has been made to District Judge.

In accordance with which provision may review be exercised under Section 24-C(8)?

Order XLVII of the First Schedule to the Code of Civil Procedure, 1908.

CHAPTER V

REGULATION OF OTHER RIGHTS AND OBLIGATIONS OF LANDLORD AND TENANT

What is the subject matter of Section 25?

Prohibition of sub-letting.

What is prohibited under Section 25(1)?

Sub-letting of the whole building under tenancy.

When may tenant sub-let part of building under Section 25(2)?

With written permission of landlord and District Magistrate.

When shall tenant be deemed to have sub-let under Explanation (i) to Section 25?

When he ceases to occupy building or part thereof under Section 12(1)(b) or Section 12(2).

Whether lodging a person in hotel or lodging house amounts to sub-letting under Explanation (ii) to Section 25?

No.

What is the subject matter of Section 26?

Certain obligations of the landlord and tenant.

What is prohibited to landlord under Section 26(1)?

Cutting off, withholding or reducing amenities enjoyed by tenant without lawful authority or excuse.

What obligation is imposed on landlord under Section 26(2)?

To keep building wind-proof and water-proof and carry out white-washing and repairs.

Can obligations under Section 26(2) be varied by contract?

Yes, by contract in writing.

What is prohibited to tenant under Section 26(3)?

Demolishing improvements or removing material used in improvements.

What fixtures may tenant remove under Section 26(3)?

Fixtures of movable nature.

What is included in ‘material used in such improvement’ under Explanation to Section 26(3)?

Wiring of electrical fitting or pipe pertaining to water connections.

What receipt obligation is imposed on landlord under Section 26(4)?

To give receipt for rent received.

What is the subject matter of Section 27?

Enforcement of landlord’s obligation regarding amenities.

Who may apply under Section 27(1)?

Tenant.

What may prescribed authority require landlord to do under Section 27(1)?

Restore amenity cut-off, withheld or reduced or show cause.

Within what period may landlord be required to restore amenity under Section 27(1)?

Within period not exceeding one week.

What may prescribed authority do if landlord fails to restore amenity or show sufficient cause under Section 27(2)?

Permit tenant to restore amenity at landlord’s cost.

How may tenant recover cost incurred under Section 27(2)?

By deduction from rent payable to landlord.

What must tenant furnish before deducting cost under Section 27(2)?

Account of the expenditure.

Whether Section 6 applies to cost recovered under Section 27(2)?

No.

What is the subject matter of Section 28?

Enforcement of landlord’s obligation regarding repairs.

What may tenant do if landlord fails to carry out white-washing or repairs under Section 28(1)?

Serve notice in writing requiring compliance.

Within what time must landlord comply with notice under Section 28(1)?

Within one month from service of notice.

When must tenant express willingness to pay enhanced rent under Section 28(2)?

When cost of white-washing or repairs is likely to exceed two months' rent in a year.

In accordance with which provision shall enhanced rent be payable under Section 28(2)?

Section 6.

What may tenant do if landlord fails to comply with notice under Section 28(3)?

Carry out white-washing or repairs himself and deduct cost from rent.

What is the maximum deductible cost under Section 28(3)?

Two months' rent in a year.

What must tenant furnish to landlord under Section 28(3)?

Account of expenditure incurred.

What are “major repairs” under Section 28(4)?

Repairs where cost is likely to exceed two months' rent in a year.

When may tenant apply to prescribed authority under Section 28(4)?

When landlord declines responsibility or fails to comply with notice regarding major repairs.

What powers does prescribed authority have under Section 28(5)?

To reject application or direct landlord to carry out major repairs.

What opportunity must be given before passing order under Section 28(5)?

Opportunity of hearing to parties.

What may prescribed authority permit on landlord’s failure under Section 28(5)(b)?

Tenant to carry out major repairs.

What is the maximum cost permissible for repairs under Section 28(5)(b)?

Amount not exceeding two years' rent.

What must tenant furnish after carrying out major repairs under Section 28(6)?

Account of expenditure to prescribed authority.

What shall prescribed authority certify under Section 28(6)?

Amount recoverable by tenant.

How may tenant recover certified amount under Section 28(6)?

By deduction from rent in monthly installments.

What is the maximum monthly deduction permissible under Section 28(6)?

Twenty-five per cent of one month's rent.

When shall enhancement of rent under Section 6 take effect under Section 28(6)?

From month following recovery of full cost by tenant.

Whether appeal or revision lies against order under Section 28(5) or 28(6)?

No.

What is the effect of order under Section 28(7)?

It shall be final.

What is the subject matter of Section 28-A?

Alteration and improvement not to be made by sub-tenant.

Whether Section 6, Section 20(2)(c) or Section 26(3) confer right on sub-tenant to make alterations or improvements?

No.

How may a sub-tenant make alteration or improvement under Section 28-A?

Only in accordance with terms of tenancy.

What is the subject matter of Section 28-B?

Tenancy right to get water connection and sanitary fittings installed.

What right is conferred on tenant under Section 28-B?

Right to get water connection, electric connection and sanitary fittings installed.

Who is included within tenant under Section 28-B?

Sub-tenant.

At whose cost may installations be made under Section 28-B?

At tenant’s own cost.

Whether Section 28-B overrides laws relating to local authority?

Yes.

Which provision applies to installations under Section 28-B?

Section 26(3).

What is the subject matter of Section 29?

Special protection to tenants of buildings destroyed by collective disturbances.

What right is conferred on tenant under Section 29(1)?

Right to re-erect building destroyed in collective disturbances.

Within what time must tenant re-erect building under Section 29(1)?

Within six months from such injury.

At whose expense may building be re-erected under Section 29(1)?

At tenant’s own expense.

When is tenant not entitled to benefit under proviso to Section 29(1)?

When injury was occasioned by tenant’s wrongful act or default.

What right is conferred on tenant under Section 29(2)?

Right to re-erect or repair building destroyed by fire, tempest, flood or excessive rainfall.

What notice is required under Section 29(2)?

Notice in writing to landlord.

Within what time must notice under Section 29(2) be given?

Within one month from such injury.

When is tenant not entitled to benefit under proviso (a) to Section 29(2)?

When injury was caused by his wrongful act or default.

When is tenant disentitled under proviso (b) to Section 29(2)?

When re-erection or repair is made before notice, before expiry of fifteen days after notice, or during pendency of application under Section 21.

When is tenant disentitled under proviso (c) to Section 29(2)?

When re-erection or repair is made after six months from injury or after disposal of landlord’s application under Section 21.

What is the effect of re-erection or repair under Section 29(3)(a)?

Property re-erected or repaired shall be comprised in tenancy.

What restriction is imposed on tenant under Section 29(3)(b)?

Tenant cannot demolish or remove property or materials used therein except movable fixtures.

Whether provisions of the Act apply to building re-erected under Section 29(3)(c)?

Yes.

What restriction is imposed by proviso to Section 29(3)(c)?

No application under Section 21(1)(b) shall be maintainable within three years from completion of re-erection.

What is the subject matter of Section 29-A?

Protection against eviction to certain classes of tenants of land on which building exists.

What meanings do ‘tenant’ and ‘landlord’ carry under Section 29-A(1)?

Meanings assigned in Section 3(a) and 3(j) with substitution of word ‘land’ for ‘building’.

To what land does Section 29-A apply under Section 29-A(2)?

Land on which tenant with landlord’s consent has erected permanent structure.

Whether Section 29-A applies to land let before and after commencement of the section?

Yes.

Which provision applies to land under Section 29-A(3)?

Section 20.

What rent is payable under Section 29-A(4)?

Rent mutually agreed or determined under Section 29-A(5).

Who may apply for determination of rent under Section 29-A(5)?

Landlord or tenant.

Who determines rent under Section 29-A(5)?

District Magistrate.

At what rate shall annual rent be determined under Section 29-A(5)?

Ten per cent per annum of prevailing market value of land.

From when is rent payable under Section 29-A(5)?

From expiration of term of lease or commencement of the section, whichever is later.

When shall no decree for eviction be passed or executed under Section 29-A(6)(a)?

When tenant offers to pay enhanced rent and costs within three months from commencement of the section.

On what grounds alone can eviction decree be passed under Section 29-A(6)(a)?

Grounds mentioned in Section 20(2).

At what rate shall enhanced rent be offered under Section 29-A(6)(a)?

Ten per cent per annum of prevailing market value of land.

Who determines enhanced rent under Section 29-A(6)(b)?

Court seized of the case.

What is the effect of payment or deposit under Section 29-A(6)(c)?

Suit shall be dismissed or decree for eviction discharged.

What is the effect on tenancy under Section 29-A(6)(c)?

Tenancy shall continue annually on basis of enhanced rent.

What is the consequence of failure to pay within time under Section 29-A(6)(d)?

Court shall proceed as if Section 29-A were not in force.

Whether Section 29-A overrides contrary contract or law under Section 29-A(7)?

Yes.

When does Explanation to Section 29-A apply?

Where limitation for appeal had not expired immediately before commencement of the section.

What remedy is available to tenant under Explanation to Section 29-A?

Application for review of judgment.

What is the subject matter of Section 30?

Deposit of rent in Court.

When may tenant deposit rent under Section 30(1)?

When alleged landlord refuses to accept tendered rent.

Can tenant continue depositing subsequent rent under Section 30(1)?

Yes, until landlord signifies willingness to accept rent.

When may tenant deposit rent under Section 30(2)?

When bona fide doubt or dispute exists regarding person entitled to receive rent.

Until when may tenant continue deposit under Section 30(2)?

Until dispute is settled by competent court or settlement between parties.

In which court shall deposit under Section 30 be made?

Court of the Munsif having jurisdiction.

What shall Court do on deposit under Section 30(1)?

Cause notice of deposit to be served on alleged landlord.

Who may withdraw amount deposited under Section 30(1)?

Alleged landlord.

What shall Court do on deposit under Section 30(2)?

Serve notice on concerned persons and hold amount for person entitled thereto.

To whom shall amount under Section 30(2) be payable?

Person found entitled by competent court or settlement.

What is the effect of deposit under Section 30(6)?

It shall be deemed payment to the person entitled on date of deposit.

CHAPTER VI

Penalties and Procedure

What is the subject matter of Section 31?

Penalties.

What punishment is prescribed under Section 31(1)?

Imprisonment up to six months or fine up to five thousand rupees or both.

What acts are punishable under Section 31(1)?

Contravention, attempt or abetment of contravention of the Act or orders made thereunder.

What punishment is prescribed under Section 31(2)?

Imprisonment up to one year or fine up to five thousand rupees or both.

What act is punishable under Section 31(2)?

Demolition of building under tenancy without lawful excuse.

What power does Court have under Section 31(3)?

To direct payment out of fine to tenant or sub-tenant.

In which case may payment out of fine be directed under Section 31(3)?

Conviction for contravention of Section 4(1).

What amount may be paid to tenant or sub-tenant under Section 31(3)?

Amount not exceeding premium or additional payment made for admission as tenant or sub-tenant.

What is the effect of proviso to Section 31(3)?

Amount paid shall be taken into account in awarding compensation or restitution.

What is the subject matter of Section 32?

Offences by companies.

Who shall be deemed guilty where offence is committed by company under Section 32(1)?

Company and every person in charge of and responsible for conduct of its business.

Who may be proceeded against and punished under Section 32(1)?

Company and responsible persons.

What defence is available under proviso to Section 32(1)?

Offence was committed without knowledge or despite due diligence to prevent it.

When shall managing agent, director, manager or officer be deemed guilty under Section 32(2)?

When offence is committed with consent, connivance or due to neglect of such person.

Who may be proceeded against under Section 32(2)?

Managing agent, secretaries and treasurers, director, manager or other officer of company.

What is meant by “company” under Explanation (a) to Section 32?

Body corporate, firm or other association of individuals.

Who is “director” in relation to a firm under Explanation (b) to Section 32?

Partner in the firm.

What is the subject matter of Section 33?

Cognizance of offence.

How can prosecution under the Act be instituted under Section 33(1)?

Only on complaint authorized by the District Magistrate.

What power does Commissioner have under proviso to Section 33(1)?

To direct District Magistrate to authorize complaint.

When may Commissioner exercise power under proviso to Section 33(1)?

When District Magistrate improperly or illegally declines authorization.

Which court may try offences under the Act under Section 33(2)?

Court of Magistrate of the first class or higher.

What is the subject matter of Section 34?

Powers of various authorities and procedure to be followed by them.

Which authorities are vested with powers under Section 34(1)?

District Magistrate, prescribed authority and appellate or revising authority.

For what purposes are powers under Section 34(1) exercised?

Holding inquiry or hearing appeal under the Act.

What powers regarding attendance of persons are conferred under Section 34(1)(a)?

Summoning, enforcing attendance and examining on oath.

What power regarding affidavits is conferred under Section 34(1)(b)?

Receiving evidence on affidavits.

What powers regarding inspection and commission are conferred under Section 34(1)(c)?

Inspecting building or locality and issuing commission for examination or investigation.

What power regarding documents is conferred under Section 34(1)(d)?

Requiring discovery and production of documents.

What power regarding costs is conferred under Section 34(1)(e)?

Awarding costs or special costs and requiring security for costs.

What power regarding compromise is conferred under Section 34(1)(f)?

Recording lawful agreement, compromise or satisfaction and making order accordingly.

What additional powers may be exercised under Section 34(1)(g)?

Matters as may be prescribed.

What is the status of authorities under Section 34(2)?

They shall be deemed to be Civil Courts.

For purposes of which provisions are authorities deemed Civil Courts under Section 34(2)?

Sections 384 and 385 of the BNSS.

What is the nature of proceedings under Section 34(2)?

Judicial proceedings within meaning of Sections 229 and 267 of BNS

What may authority do where costs or money remain unpaid under Section 34(3)?

Issue certificate of recovery.

Before which court may recovery application be made under Section 34(3)?

Court of Small Causes having jurisdiction.

How shall Court of Small Causes execute recovery certificate under Section 34(3)?

As if it were a decree for payment of money made by itself.

What happens if landlord or tenant dies during proceedings under Section 34(4)?

Proceedings may continue after bringing heirs or legal representatives on record.

Who may be brought on record on death of unauthorized occupant under Section 34(4)?

Person claiming under him or found in occupation.

What power is conferred under Section 34(5)?

Power to remove or dispose of property remaining in building after eviction.

Who may exercise power under Section 34(5)?

District Magistrate or prescribed authority.

What is required before removal or disposal under Section 34(5)?

Service or publication of notice in prescribed manner.

How shall affidavits under the Act be made under Section 34(6)?

In same manner and requirements as under Code of Civil Procedure, 1908.

Who may verify affidavits under Section 34(6)?

Officers appointed under Section 139(b) or (c) CPC.

What duty is imposed under Section 34(7)?

Recording reasons for every order made under the Act.

Which authorities must record reasons under Section 34(7)?

District Magistrate, prescribed authority and appellate or revisional authority.

What additional powers and procedure may be prescribed under Section 34(8)?

Other powers, procedure, principles of proof, rules of limitation and guiding principles.

What is the subject matter of Section 35?

Application of provisions of Limitation Act.

Which provisions of the Limitation Act apply under Section 35?

Sections 4, 5 and 12 of the Limitation Act, 1963.

To what do provisions of the Limitation Act apply under Section 35?

All proceedings under the Act.

How do provisions of the Limitation Act apply under Section 35?

Mutatis mutandis.

Chapter VII

Miscellaneous and Transitional Provisions

What is the subject matter of Section 36?

Protection for action taken in good faith.

What proceedings are barred under Section 36?

Suit, prosecution or other legal proceeding.

For what acts is protection granted under Section 36?

Acts done, purported or intended to be done in good faith under the Act, rules or orders.

What is the subject matter of Section 37?

Finality and presumption.

What is barred under Section 37(1)?

Calling in question any order made under the Act in any Court.

What presumption arises under Section 37(2)?

Order purporting to be made and signed by authority shall be presumed validly made.

When can presumption under Section 37(2) be rebutted?

When contrary is proved.

What is the subject matter of Section 38?

Act to override Transfer of Property Act and Code of Civil Procedure.

What is the effect of Section 38?

Provisions of the Act shall have overriding effect.

Over which enactments does Section 38 override inconsistent provisions?

Transfer of Property Act, 1882 and Code of Civil Procedure, 1908.

What is the subject matter of Section 39?

Pending suits for eviction relating to buildings brought under regulation for the first time.

To which suits does Section 39 apply?

Eviction suits pending on commencement of the Act relating to buildings to which old Act did not apply.

Within what time must tenant deposit amount under Section 39?

Within one month from commencement of the Act or knowledge of pendency of suit, whichever is later.

What amounts must tenant deposit under Section 39?

Entire rent, damages for use and occupation, interest and landlord’s full costs of suit.

At what rate is interest payable under Section 39?

Nine per cent per annum.

At what rate are damages for use and occupation calculated under Section 39?

At the same rate as rent.

On what grounds alone may eviction decree be passed after deposit under Section 39?

Grounds in proviso to Section 20(1) and Section 20(2)(b) to (g).

What procedural rights are available to parties under Section 39?

Right to amend pleadings and adduce additional evidence.

Which tenant is exempted from payment of interest under proviso to Section 39?

Tenant paying rent not exceeding twenty-five rupees per month.

What is the subject matter of Section 40?

Pending appeals or revisions in suits for eviction relating to buildings brought under regulation for the first time.

To what proceedings does Section 40 apply?

Pending appeals or revisions arising out of eviction suits relating to buildings to which old Act did not apply.

How shall pending appeals or revisions under Section 40 be disposed of?

In accordance with Section 39.

How does Section 39 apply under Section 40?

Mutatis mutandis.

What is the subject matter of Section 41?

Power to make rules.

Who may make rules under Section 41?

State Government.

How may rules under Section 41 be made?

By notification in the Gazette.

For what purpose may rules be made under Section 41?

To carry out the purposes of the Act.

What may rules under Section 41 prescribe?

Fees in respect of proceedings under the Act.

What is the subject matter of Section 42?

Laying of rules etc. before Legislature.

Which notifications and rules are required to be laid before Legislature under Section 42?

Notifications under Sections 1(3) provisos and 2(3), and all rules made under the Act.

Before whom shall notifications and rules be laid under Section 42?

Each House of the State Legislature.

For what total period shall notifications and rules be laid under Section 42?

Fourteen days.

Can the fourteen-day period under Section 42 extend over successive sessions?

Yes.

From when do notifications and rules take effect under Section 42?

From date of publication in Gazette unless later date is appointed.

What power do Houses of Legislature have under Section 42?

To modify or annul notifications or rules.

What is the effect of modification or annulment under Section 42?

It shall not affect validity of anything previously done thereunder.

What is the subject matter of Section 43?

Repeal and saving.

Which Act is repealed under Section 43(1)?

United Provinces (Temporary) Control of Rent and Eviction Act, 1947.

What happens to pending proceedings under Section 3 of old Act under Section 43(2)(a)?

They stand transferred to prescribed authority and deemed proceedings under Section 21.

How shall proceedings transferred under Section 43(2)(a) be disposed of?

In accordance with provisions of this Act.

How shall pending proceedings under Section 7 of old Act or Rule 6 be disposed of under Section 43(2)(b)?

By District Magistrate under Sections 16 and 17 of this Act.

How shall pending proceedings under Sections 3-A or 5-A of old Act be disposed of under Section 43(2)(c)?

By District Magistrate.

What happens to pending proceedings under Section 7-D of old Act under Section 43(2)(c)?

They stand transferred to prescribed authority.

To what shall decisions under Section 43(2)(c) be deemed?

Decisions under Sections 8, 9 or 27, as the case may be.

Whether appeal lies against decisions under Section 43(2)(c)?

Yes, in first and second mentioned cases.

How does Section 39 apply under Section 43(2)(d)?

Mutatis mutandis to pending proceedings under Section 7-B of old Act.

How shall proceedings under Section 7-B of old Act continue under Section 43(2)(d)?

In accordance with old Act deemed to continue in force.

How shall pending proceedings under Section 7-C of old Act be dealt with under Section 43(2)(e)?

Continued and concluded under old Act deemed to continue in force.

What happens to pending proceedings under Section 7-E of old Act under Section 43(2)(f)?

They shall be deemed proceedings under Section 28 and transferred to prescribed authority.

How shall pending suits for fixation of rent under Section 5(4) of old Act be decided under Section 43(2)(g)?

By the same court.

Under which law shall rent for period prior to commencement of this Act be fixed under Section 43(2)(g)?

Old Act.

Under which law shall rent for subsequent period be fixed under Section 43(2)(g)?

This Act.

What power does court or authority have under Section 43(2)(h)?

To grant leave to amend pleadings.

Within what period may application for amendment under Section 43(2)(h) be made?

Within sixty days from commencement of this Act.

In what proceedings may amendment be allowed under Section 43(2)(h)?

Suits or proceedings relating to recovery, determination, fixation of rent or eviction.

What is the effect of unchallenged order under Section 3 of old Act made more than thirty days before commencement under Section 43(2)(i)(1)?

It shall be final.

What remedy lies against order under Section 3 of old Act made within thirty days before commencement under Section 43(2)(i)(2)?

Appeal to District Judge.

Within what time may appeal under Section 43(2)(i)(2) be filed?

Within sixty days from commencement of this Act.

What is the effect of decision of District Judge under Section 43(2)(i)(2)?

It shall be final.

What is the effect of unchallenged order under Rule 6 made more than thirty days before commencement under Section 43(2)(j)(1)?

It shall be final.

What remedy lies against order under Rule 6 made within thirty days before commencement under Section 43(2)(j)(2)?

Appeal to District Judge.

Within what time may appeal under Section 43(2)(j)(2) be filed?

Within sixty days from commencement of this Act.

What is the effect of decision of District Judge under Section 43(2)(j)(2)?

It shall be final.

What is the effect of unchallenged order under Section 7(2) or Section 7-A of old Act made more than thirty days before commencement under Section 43(2)(k)(1)?

It shall be final.

What remedy lies against order under Section 7(2) or Section 7-A of old Act made within thirty days before commencement under Section 43(2)(k)(2)?

Appeal to District Judge.

Within what time may appeal under Section 43(2)(k)(2) be filed?

Within sixty days from commencement of this Act.

What is the effect of decision of District Judge under Section 43(2)(k)(2)?

It shall be final.

What is the effect of orders under Section 3 of old Act confirmed, modified or reversed by Commissioner where no revision was filed under Section 43(2)(l)?

Such orders shall be final.

What happens to revisions pending before Commissioner under Section 43(2)(m)?

They stand transferred to District Judge.

What is the effect of decision of District Judge under Section 43(2)(m)?

It shall be final.

How shall revisions pending before Commissioner under Section 7-A(4) of old Act be dealt with under Section 43(2)(n)?

Decided by Commissioner.

What is the effect of Commissioner’s order under Section 43(2)(n)?

It shall be final.

How shall revisions pending before State Government under Section 7-F against Commissioner’s orders be dealt with under Section 43(2)(o)?

Disposed of by State Government.

What is the effect of State Government’s decision under Section 43(2)(o)?

It shall be final.

How shall revisions pending before State Government against District Magistrate’s orders be dealt with under Section 43(2)(p)?

Disposed of by State Government.

What is the effect of State Government’s decision under Section 43(2)(p)?

It shall be final.

Which provision applies mutatis mutandis to revisions under Section 43(2)(pp)?

Section 34.

Which provision applies mutatis mutandis to appeals and revisions before District Judge under Section 43(2)(q)?

Section 18.

How shall pending suits instituted with permission under Section 3 of old Act be dealt with under Section 43(2)(r)?

Continued and concluded under old Act deemed to continue in force.

When may landlord apply under Section 43(2)(rr)?

When permission under Section 3 of old Act on grounds under Section 21 has become final.

Before whom may application under Section 43(2)(rr) be made?

Prescribed authority.

What shall prescribed authority do under Section 43(2)(rr)?

Order eviction of the tenant.

Whether prescribed authority must satisfy itself afresh regarding grounds under Section 43(2)(rr)?

No.

What is the effect of eviction order under Section 43(2)(rr)?

It shall be final and not appealable under Section 22.

When is application under Section 43(2)(rr) not maintainable?

When permission became final more than three years before commencement of this Act.

What period shall be excluded while computing three years under second proviso to Section 43(2)(rr)?

Time spent prosecuting civil proceedings with due diligence.

How shall pending suits instituted on grounds under Section 3(1) of old Act be dealt with under Section 43(2)(s)?

Continued and concluded under old Act deemed to continue in force.

How may decisions under Section 43(2)(t) be enforced?

As orders of competent authority under corresponding provisions of this Act.

What is the subject matter of Section 44?

Amendment of U.P. Act No. 1 of 1966.

Which provision is amended under Section 44?

Section 68 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1966.

What substitution is made under Section 44?

Reference to the 1947 Act is substituted by the 1972 Act.

Which Act replaces the U.P. (Temporary) Control of Rent and Eviction Act, 1947 under Section 44?

The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

What happens to the proviso to Section 68 under Section 44?

It is omitted.