Lucknow/Allahabad, Uttar Pradesh: The Allahabad High Court has clarified that landlords are not barred from filing eviction applications merely because a written tenancy agreement is absent or tenancy particulars have not been furnished. This ruling, delivered on December 16, reinforces the authority of rent authorities under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, to entertain eviction pleas in such circumstances.

Background

The issue arose from writ petitions filed by landlords, including institutions like Canara Bank branch offices, seeking eviction of tenants from premises under their possession. In some cases, previous lower court or rent authority orders had deemed eviction applications non-maintainable because the landlords had no formal written agreements with tenants.

Landlords argued that the 2021 Act was enacted to balance the rights of property owners and tenants, allowing disputes to be addressed even in the absence of formal documentation. They contended that restricting eviction solely to cases with written agreements would frustrate the legislative intent and deny landlords their legitimate rights.

Court’s Observations

Justice Rohit Ranjan Agarwal observed that the legislature consciously omitted the “fatal consequences” provision found in the Central Model Tenancy Act. Unlike the Central Model Act, where failure to furnish a written agreement could bar a landlord from filing an eviction petition, the UP Act of 2021 allows eviction applications even in unwritten tenancy cases.

The court noted, “The intention of the legislature cannot be ascertained merely on the basis of a single provision. Regard must be given to other sections as well as the context, subject-matter, and object of the provision.” This ensures that landlords are not deprived of their rights due to technical or procedural lapses.

Specifically, the court highlighted sub-section (5) of Section 9 of the 2021 Act, stating that the rent authority’s jurisdiction is not limited to cases with written agreements or their intimation. If the legislature had intended to restrict access to eviction remedies to only written tenancies, such a proviso would not have been included.

Implications for Eviction Proceedings

As a result of this ruling:

• Rent authorities can entertain applications from landlords even in the absence of written tenancy agreements.
• Previous orders dismissing eviction petitions on technical grounds of non-submission of tenancy particulars are set aside.
• Landlords now have clarity and legal backing to pursue eviction without being hindered by documentation gaps.

In practical terms, the court’s judgment means that landlords do not have to rely exclusively on written contracts to seek redress for non-payment, misuse of premises, or other tenancy violations. This decision is particularly significant in urban areas where informal tenancies are common.

Case Outcomes

In several petitions examined by the court:

• Orders that previously deemed applications non-maintainable due to lack of written agreements were set aside.
• Some cases were remanded for fresh consideration by rent authorities.
• In others, eviction orders were issued.
• Notably, in certain matters, tenants were granted a six-month grace period to vacate premises, provided they submitted a formal undertaking and cleared all financial dues.

Wider Context

The UP Tenancy Act, 2021, was designed to modernise tenancy laws in the state while balancing landlord and tenant rights. By allowing rent authorities to hear cases even without written agreements, the law seeks to prevent tenancy disputes from being stalled by technical formalities, ensuring efficient resolution of conflicts.

Experts say this ruling will have significant implications for both urban landlords and institutional property owners, such as banks and commercial establishments, who frequently deal with tenants in unwritten or informal arrangements. The judgment is expected to streamline eviction procedures and reduce delays caused by technical objections.

Key Takeaways

• Landlords in Uttar Pradesh can now approach rent authorities for eviction even without a written tenancy agreement.
• Rent authorities have clear jurisdiction to consider such applications under the UP Regulation of Urban Premises Tenancy Act, 2021.
• Tenants may be given time to vacate if they comply with undertakings and settle dues, ensuring a balance between legal rights and fairness.
• This ruling underscores the legislature’s intent to protect landlords’ rights from being nullified by procedural lapses.

The Allahabad High Court’s judgment is a crucial clarification in tenancy law, especially in light of the widespread prevalence of informal and unwritten rental arrangements in India’s urban landscape. It reinforces the principle that substance prevails over form, allowing landlords to seek eviction without being unduly constrained by documentation technicalities.