HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 2061 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Nipun Singh as well as Mr. Rishi Upadhyay, learned cousnel for the petitioner and Mr. Pradyumna Kumar (P.K.Kesari), learned cousnel for the respondent. 2. Brief facts of the case are that proceeding under section 21(2) of U.P. Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as "the U.P. Act No.16 of 2021") was initiated by the petitioner-landlord against respondent - tenant, which was registered as Case No.2990 of 2023 before Rent Authority. The aforementioned case No. 2990 of 2023 was decided by rent Authority vide order dated 08.11.2024 directing the respondent- tenant to vacate the flat in question within a period of one month along with other direction for payment of due rent to landlord. Against the order to Rent Authority dated 08.11.2024, appeal under Section 35 of the Act of 2021 was filed before the appellate Tribunal. The appellate Tribunal vide order dated 03.01.2025 registered the appeal holding that appeal is maintainable. Hence this petiton on behalf of petitioner-landlord for the following relief:- "i. Issue a writ, direction or order in the nature of quashing the impugned order dated 03.01.2025 passed by the Additional District Judge, court No.14 Varanasi (Rent Tribunal Varanasi in Appeal No.Nil of 2025 (Chandra Shekhar Kapur Vs. Narendra Narayan Dwivedi) (Annexure No.1 to the writ petition). ii. Issue any other writ, order or direction in favour of the petitioner, as this Hon'ble Court may deem fit and proper in the present facts and circumstances of the Versus Counsel for Petitioner(s) : Nipun Singh, Rishi Upadhyay Counsel for Respondent(s) : Pradyumna Kumar Narendra Narayan Dwivedi .....Petitioner(s) Chandra Shekhar Kapur .....Respondent(s) case, so as to ensure the ends of justice,or else the petitioner shall suffer irreparable injury and loss." 3. This Court entertained the order dated 18.08.2025 and passed the interim order, which runs as under: "Submission advanced by learned counsel for the petitioner is that in terms of the provisions contained under Section 23 of the Act No. 2021, the respondent tenant was liable to pay 50 Percent of the decretal amount i.e. Rs. 8,64,000/- as on the date of filing of the appeal in the month of November, 2023 taking first two months rent @ Rs. 36,000 per month and thereafter four times at monthly rent. It is admitted that monthly rent was Rs. 18,000/- qua demised premises and yet tenant respondent came to deposit only Rs. 3,24,000/- while filing appeal before Appellate Tribunal and Appellate Tribunal has manifestly erred in calculating the amount and entertaining appeal even without answering that deficiency in terms of deposit of arrears of rent is made good. Matter requires consideration. Sri Pradyumna Kumar, learned counsel for the respondent prays for and is allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter. List this case on 1st April, 2025. In the meanwhile, until further orders of this Court, the effect and operation of the order dated 3rd January, 2025 passed by Additional District Judge, Court No. 14, Varanasi (Rent Tribunal, Varanasi) in Appeal No. Nil of 2025 (Chandra Shekhar Kapur v. Narendra Narayan Dwivedi ) shall remain stayed." 4. In pursuance of the order dated 18.08.2025 parties have exchanged their pleadings. 5. Learned counsel for the petitioner submitted that mandatory provisions contained under Section 35 (1) of U.P. Act No.16 of 2021 has not been complied with by the respondent-tenant in WRIA No. 2061 of 2025 2 appeal, as such the appeal cannot be entertained by the appellate Tribunal. He submitted that despite specific objection raised before the appellate Tribunal regarding the maintainability of the appeal, the appellate tribunal has registered the appeal and fixed the date for hearing of appeal. He submitted that in view of the order passed by rent authority there is no compliance of the mandatory provision regarding pre-deposit in appeal as contained under Section 35 (1) of U.P Act No.16 of 2021 as such impugned order cannot be sustained in the eye of law. He submitted that impugned order should be set aside and order of rent authority be maintained. He submitted that respondent-tenant is only interested to linger on the proceeding by one way and other as such respondent tenant is not entitled for any discretion in his favour. He placed reliance upon the judgment of this court passed in matter under Article 277 No.6277 of 2024 Shri Shree Chand Jain Versus Rent Tribunal And 3 others dated 22.5.2024 in support of his argument. 6. On the other hand, Mr. Pradyumna Kumar, learned counsel for the respondent-tenant submitted that he is ready to deposit the 50% of the amount according to the order passed by rent authority in appeal under section 35 of U.P. Act No.16 of 2021, as such necessary direction be issued to the appellate tribunal to decide the pending appeal subject to compliance of Section 35 (1) of U.P. Act No.16 of the 2021. 7. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 8. There is no dispute about the fact that proceeding under the U.P. Act No. 16 of 1921 has been decided by rent authority in favour of petitioner-landlord vide order dated 8.11.2024. There is also no dispute about the fact that appeal filed under Section 35 of the U.P. Act No.16 of 2021 by the tenant-respondent has been registered and date has been fixed for disposal of appeal by the rent tribunal. 9. In order to appreciate the controversy involved in the matter perusal of operative portion of the order of rent authority will be relevant which is as under:- आदेश पत्रक न्यायालय : अपर िजलािधकारी, नगर WRIA No. 2061 of 2025 3 मण्डल: वाराणसी, जनपद: तहसील: वाद संख्या:-2990/2023 कं प्यूटरीकृ त वाद संख्या:-D202314700002990 नरेन्द्र नारायण िदवेदी बनाम चन्द्रशेखर कपूर 21(2), अिधिनयम :- उ० प्र० नगरीय पिरसर िकरायेदारी िविनयमन अिधिनयम, 2021 आदेश उभय पक्षों के तकोर् एवं पत्रावली पर उपलब्ध सज्यों के परीशीलन तथा उपरोक्त िववेचना के आधार पर वादी नरेन्द्र नारायण िद्ववेदी के प्रपत्र पर िदये गये प्राथर्ना पत्र िदनांक 28.08.2023 को स्वीकार िकया जाता है तथा िवपक्षी/िकरायेदार चन्द्रशेखर कपूर को िनदेर्िशत िकया जाता है िक इस आदेश के िदनांक से 01 माह के भीतर प्रश्नगत फ्लैट को पूवर्वत की भाित िरक्त कर दे। साथ ही िवपक्षी अन्तगर्त धारा 23 उ०प्र० नगरीय पिरसर िकरायेदारी िविनयमन अिधिनयम 2021 में दी गयी व्यवस्था तहत समस्त बकाया िकराया वादी नरेन्द्र नारायण िद्ववेदी को प्राप्त कराय िवपक्षी/िकरायेदार द्वारा फ्लैट िरक्त न करने व शेष बकाया िकराया प्राप्त न कराने पर वादी को कानूनी तौर पर कब्जा व समस्त बकाया िकराया प्राप्त करने का िविधक अिधकार होगा। बाद आवश्यक कायर्वाही पत्रावली दािखल दफ्तर हो। िदनांक:-08/11/2024 (आलोक कु मार वमार्) अपर िजलािधकारी (नगर), िकराया प्रािधकरण वाराणसी 10. The perusal of the Section 35 of the U.P. Act No. 16 of 1921 will be also relevant, which is as under:- "Section 35 - Appeal to Rent Tribunal (1) Any person aggrieved by an order passed by the Rent Authority may prefer an appeal along with a certified copy of such order to the Rent Tribunal within the local limits of which the premises is situated, within a period of thirty days from the date of that order: Provided that no appeal shall lie unless the appellant pre-deposits fifty percent of the entire payable amount under the impugned order of the Rent Authority. WRIA No. 2061 of 2025 4 (2) Upon filing an appeal under sub-section (1), the Rent Tribunal shall serve notice, along with a copy of memorandum of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a period of sixty days from such date of service. (3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow filing of documents at any stage of the proceedings in appeal: Provided that no such documnt shall be allowed more than once during the hearing. (4) The Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fit. (5) While deciding the appeal, the Rent Tribunal may, after recording reasons therefor, confirm, set aside or modify the order passed by a Rent Authority." 11.Calculation given in paragraph No.13 of the instant petition regarding due amount to fulfill the condition of pre-doposit will be relevant for perusal which is as under :- "13. That as the compliance of section 35 of the Act of 2021 making pre-deposit for entertaining the appeal was not made, therefore, the petitioner preferred detailed following objection on 11.12.2024:- '2. That as per order under appeal, the appellant has to pay the compensation to the respondent as per section 23 of U.P. Act No.16 of 2021 3. That the tenancy of the appellant ends on 15.07.2023 and at that time, the rate of rent was Rs.18000/- per month as such, under section 23 of the aforesaid Act, the appellant has to pay compensation from 16.07.2023 to 15.09.2023 at the rate of Rs.35,000/- per month and from 15.09.2023 till Vacation of the premises at the rate of Rs. 72,000/- per month. 4. That as such the Appellant is liable to pay compensation WRIA No. 2061 of 2025 5 from 16.07.2023 to 15.09.2023 i.e. for 2 months at the rate of Rs.36,000/- amounting to Rs. 72,000/- and from 16.09.2023 to 15.12.2024 i.e. for 16 months at the rate of Rs.72,000/- amounting to Rs.11,52,000/-, the total amounts Rs.12,24,000/-. 5. That against the aforesaid dues, the Appellant has paid the compensation at the rate of Rs. 18000/- per monthfrom 16.07.2023 to 15.12.2023 i.e. for 18 months amounting to Rs.3,24,000/- only. Thus the appellant is in default of 12,24,000 - 3,24,000 - Rs.9,00,000/-: 6. That as such the appeal of the Appellant is not maintainable, as the appellant has not complied with the mandatory provision of the Law and liable to be dismissed on this ground alone.' A copy of the objection dated 11.12.2024 filed by the petitioner is being annexed as Annexure No.8 to this writ petition." 12. In view of the provisions contained under Section 35 (1) of the U.P. Act No.16 of 2021 as quoted above the appellant of appeal filed under Section 35 of U.P. Act No.16 of 2021 have to comply with the provisions of pre-doposit of 50% of entire payable amount as provided under Section 35 (1) of the Act No.16 of 2021 but there is no compliance of the provisions contained under Section 35 (1) of U.P. Act No.16 of 2021 in the instant matter as such impugned order dated 3.1.2025 passed by the appellate Tribunal registering the appeal is liable to be set aside and the same is hereby set aside. 13.Learned Counsel for respondent / tenant made statement before this court that one opportunity be given to tenant to deposit the 50% of the entire payable amount in appeal under Section 35 of U.P. Act No.16 of 2021 so that appeal can be heard & disposed of on merit as such one opportunity is given to respondent / tenant to deposit 50% of entire payable amount under the impugned order of rent authority dated 8.11.2024 within period of one month from the date of production of certified copy of this order before rent tribunal. 14.The writ petition stands allowed in part and matter is remitted back before the appellate tribunal to permit the respondent-tenant to deposit the 50% of the entire payable amount according to the order of rent authority within a period of four weeks from the date of production of certified copy of this order WRIA No. 2061 of 2025 6 before him. It is further directed that if respondent-tenant complies with the condition within a period as mentioned above, the appeal shall be admitted and heard on merit other wise the appeal shall be dismissed. September 11, 2025 PS*/Vandana WRIA No. 2061 of 2025 7 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad