DR. R.N.JAISWAL v. SMALL CAUSES COURT/ PRESCRIBED AUTHORITY LKO.AND 2 ORS.
WRIA/1000151/2007 · 2025-05-01
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140479 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140479 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25189 Court No. - 6 Case :- WRIT - A No. - 1000151 of 2007 Petitioner :- Dr. R.N.Jaiswal Respondent :- Small Causes Court/ Prescribed Authority Lko.And 2 Ors. Counsel for Petitioner :- D.C.Mukerjee,Adnan Ahmad Counsel for Respondent :- C.S.C,N.K.Shukla,Vivek Raj Shukla Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed challenging an order dated 28.08.2000 whereby the application under Section 21(1) (a) of U.P. Act No.13 of 1972 has been rejected as well as appellate order dated 18.08.2007 whereby the original order has been confirmed.
3. Learned counsel for the respondent is also present and states that the Rent Control Act has been repealed by means of U.P. Regulation of Urban Premises Tenancy Act, 2021, in which proceedings can be initiated by the land lord for eviction irrespective of rent under Section 21.
4. In view of the fact that the Rent Control Act, 1972 has been repealed, the present petition is disposed off quashing the order dated 28.08.2000 & 18.08.2007 and permitting the landlord to file a fresh application under the Tenancy Act, 2021. In case, such an application is filed, the same shall be decided within a period of three months of it being filed as mandated under the Act itself, in accordance with law.
5. It is further provided that while dealing with fresh proceedings, the effect of both the orders shall not be taken into
consideration by the authority concerned.
Order Date :- 1.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench