Amendment status not verified — confirm the current text below against the official source.
Subs. by section 15 ibid. 30 [The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972] [Section 24-24B] Option of reentry by tenant 24- (1) Where a building is released in favour of the landlord and the tenant is evicted under section 21 or on appeal under section 22, and the landlord either puts or causes to be rut into occupation thereof any person different from the person for whose occupation according to the landlord's representation, the building was required, or permits any such person to occupy it, or otherwise puts it to any use other than the one for which it was released, or as the case may be, omits to occupy it within one month of such extended period as the prescribed authority may for sufficient cause allow from the date of his obtaining possession or, in the case a building which was proposed to be occupied after some construction or reconstruction, from the date of completion thereof, or in the case of a building which was proposed to be demolished, omits to demolish it within two months or such extended period the prescribed authority may for sufficient cause allow from the date of his obtaining possession, then the prescribed authority or, as the case maybe, the District Judge, may, on an application in that behalf within three months from the date of such act or omission, order the landlord to place the evicted tenant in occupation of the building on the original terms and conditions, and on such order being made, the landlord and any person who may be in occupation thereof shall give vacant possession of the building to the said tenant, failing which, the prescribed authority shall put him into possession and may for that purpose use or cause to be used such force as may be necessary. (2) Where the landlord after obtaining a release order under clause (b) of sub- section (1) of section 21 demolishes a building and constructs it new building or buildings on its site, then the District Magistrate may, on an application being made in that behalf by the original tenant within such time as may be prescribed, allot to him the new building or such one of them as the District Magistrate after considering his requirements thinks fit, and thereupon that tenant shall be liable to pay as rent for such building an amount equivalent to one per cent per month of the cost of construction thereof (including the cost of demolition of the old building but not including the value of the land) and the building shall, subject to the tenant's liability to pay rent as aforesaid, be subject to the provisions of this Act, and where the tenant makes no such application or refuses or fails to take that building on lease within the time allowed by the District Magistrate, or subsequently ceases to occupy it or otherwise vacates it, that building shall also be exempt from the operation of this Act for the period or the remaining period, as the case may be specified in sub-section (2) of section 2. [CHAPTER IV-A Summary Trial of Certain Applications 24-A The provisions of this Chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent herewith contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary. 24-B (1) Where a landlord who, being a person in occupation of any residential public building is required, by or in pursuance of any general or special order made by the Government or other authority concerned, to vacate such building, or in default, to incur certain obligations, on the ground that the owns, in the same city, municipality, notified are or town area residential building either in his own name or in the name of any member of his family, there shall accrue, on and from the date of such order, to such landlord, a right to recover immediately possession of any building let out by him: 31 [The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972] [Section 24-C] Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the same city, municipality, notified area or town area, two or more dwelling houses, whether in his own name or in the name of any member of his family, to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover. (2) Where the landlord exercises the right of recovery conferred on him by sub-section (1), no compensation shall be payable by him to the tenent or any person claiming through or under him and no claim for such compensation shall be entertained by any court tribunal or other authority: Provided that where the landlord had received – (a) any rent in advance from the tenant, he shall within a period of ninety days from the date of recovery of possession of the building by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease; (b) any other payment form the tenant, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease: Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of twelve per cent per annum on the amount which he has omitted or failed to refund. 24-C (1) Every application by a landlord for the recovery of possession of any building on the ground specified in section 24-B shall be made to the District Magistrate and be dealt with in accordance with the procedure specified in this section. (2) The District Magistrate shall issue summons, in relation to every application referred to in sub-section (1) in the form prescribed. (3) (a) The District Magistrate shall, in addition to and simultaneously with, the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgment due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstance of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain; (b) when an acknowledgment purporting to be signed by the tenant or his agent is received by the District Magistrate or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article the District Magistrate may declare that there has been a valid service of summons. 32 [The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972] [Section 25-26] (4) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) shall not contest the prayer for eviction from the premises unless he files an affidavit staging the grounds on which he seeks to contest the application for eviction and obtain leave from the District Magistrate as hereinafter provided, and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the applications for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid. (5) The District Magistrate shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in section 24-B. (6) Where leave is granted to the tenant to contest the applications, the District Magistrate shall commence the hearing of the application as early as practicable. (7) No appeals or second appeal shall lie against an order for the recovery of possession of any premises made by the District Magistrate in accordance with the procedure specified in this section : Provided that the District Judge, for the purpose of satisfying himself that an order made by the District Magistrate under this section is according to law, call for the records of the case and pass such order in respect thereto as he thinks fit. (8) Where no application has been made to the District Judge on revision, the District Magistrate may exercise the posers of review in accordance with the provisions of order XLVII of the First Schedule to the Code of Civil Procedure, 1908.]1 CHAPTER V Regulation of other Rights and Obligations of Landlord and Tenant Prohibition of sub-letting 25- (1) No tenant shall subject the whole of the building under his tenancy. (2) The tenant may with the permission in, writing of the landlord and of the District Magistrate, sub-let a part of the building. Explanation-For the purposes of this section- (i) where the tenant ceases, within the meaning of clause (b) of sub- section (1) or sub-section (2) of section 12, to occupy the building or any part thereof he shall be deemed to have sub-let that building or part ; (ii) lodging a person in a hotel or a lodging house shall not amount to sub- letting. Certain obligations of the landlord and tenant 26- (1) No landlord shall without lawful authority or excuse cut off, withholds or reduces any of the amenities enjoyed by the tenant.