Amendment status not verified — confirm the current text below against the official source.
Added by section 19 of UP Act No 28 of 1976. 35 [The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972] [Section 29-A] Provided that the tenant shall not be entitled to avail himself of the benefit of this provision--- (a) if such injury was occasioned by his own wrongful act of default; or (b) in respect of any re-erection or repair made before he had given a notice as aforesaid to the landlord or before the expiration of a period of fifteen days after such notice, or if the landlord in the meantime makes an application under section 21; before the disposal of such application; or (c) in respect of any re-erection or repair made after the expiration of a period of six months from such injury of if the land-lord has made any application as aforesaid from the disposal thereof. (3) Where the tenant, before the commencement of this Act, has made any re- erection or repair in exercise of his rights under section 19 of the old Act, or after the commencement of this Act makes any re- erection in the exercise of his right under sub-section (1) or sub-section (2),- (a) the property so re-erected or repaired shall be comprised in the tenancy; (b) the tenant shall not be entitled, whether during the tenancy or after its determination, to demolish the property or parts so erected or repaired or to remove any material used therein other than any fixtures of a movable nature; (c) Notwithstanding, anything contained in sub-section(2) of section 2, the provisions of this Act shall apply to the building so re-erected : Provided that no application shall be maintain the under section 21 in respect of any such building on the ground mentioned in clause (b) of sub-section- (1) thereof within a period of three years from the completion of such re-erection. [Protection against eviction to certain classes of tenants of land on which building exists 29-A (1) For the purposes of this section, the expressions ‘tenant’ and ‘landlord’ shall have the meanings respectively assigned to them in clauses (a) and (j) of section 3 with the substitution of the work ‘land’ for the word ‘building’. (2) This section applies only to land let out, either before or after the commencement of his section, where the tenant, with the landlord’s consent has erected any permanent structure and incurred expenses in execution thereof. (3) Subject to the provisions hereinafter contained in this section, the provisions of section 20 shall apply in relation to any land referred to in sub- section (2), as they apply in relation to any building. (4) The tenant of any land to which this section applies shall be liable to pay to the landlord such rent as may be mutually agreed upon between the parties, and tin the absence of agreement, the rent determined in accordance with sub-section (5). (5) The District Magistrate shall on the application of the landlord or the tenant determine the annual rent payable in respect of such land at the rate of ten per cent per annum of the prevailing market value of the land and such rent shall be payable, except as provided in sub-section (6) from the date of expiration of the term for which the land was let or from the commencement of his section, whichever is later. 36 [The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972] [Section 30] (6) (a) In any suit or appeal or other proceeding pending immediately before the date of commencement of this section, no decree for eviction of a tenant from any land to which this section applies, shall be passed or executed except on one or more of the grounds mentioned in sub-section (2) of section 20, provided the tenant, within a period of three months from the commencement of his section by an application to the court, unconditionally offers to pay to the landlord, the enhanced rent of the land for the entire period in suit and onwards at he rate of ten per cent per annum of the prevailing market value of the land together with costs of the suit (including costs of any appeal or of any execution or other proceedings); (b) In every such case, the enhanced rent shall, notwithstanding anything contained in sub-section (5), be determined by the court seized of the case at any stage; (c) Upon payment against a receipt duly signed by the plaintiff or decree- holder or his counsel or deposit in court of such enhanced rent with costs as aforesaid being made by the tenant within such time as the court may fix in this behalf, the court shall dismiss the suit, or as the case may be, discharge the decree for eviction, and the tenancy thereafter, shall continue annually on the basis of the rent so enhanced; (d) If the tenant fails to pay the said amount with the time so fixed (including any extended time, if any, that the court may fix or for sufficient cause allow) the court shall proceed further in the case as if the foregoing provisions of this section were not in force. (7) The provisions of this section shall have effect, notwithstanding anything to the contrary contained in any contract or instrument or in any other law for the time being in force. Explanation— For the purposes of sub-section (6) where a case has been decided against a tenant by one court and the limitation for an appeal therefrom has not expired on the date immediately before the commencement of his section, this section shall apply as it applies to pending proceedings, and the tenant may apply to that court for a review of the judgment in accordance with the provisions of this section.]1 Deposit of rent in court in certain circumstances 30- (1) If any person claiming to be a tenant of a building tenders any amount as rent in respect of the building to its alleged landlord and the alleged landlord refuses to accept the same then the former may deposit such amount in the prescribed manner and continue to deposit any rent which he alleges to be due for any subsequent period in respect of such building until the landlord in the meantime signifies by notice in writing to the tenant his willingness to accept it. (2) Where any bona fide doubt or dispute has arisen as to the person who is entitled to receive any rent in respect of any building, the tenant may likewise deposit the rent stating the circumstances under which such deposit is made and may, until such doubt has been removed or such dispute has been settled by the decision of any competent Court or by settlement between the parties, continue to deposit the rent that may subsequently become due in respect of such building.