Disposed

Colonel Rattan Singh (Retd.) v. Rent Authority Lucknow/Addl. District Magistrate City(East),Lko. and Another

Allahabad HC26 Sept 2024WRIA/8615/2024

Case brief

AI extract

What is this about?

The High Court issued notice in a petition seeking quashing of an order dismissing a challenge against the Rent Authority's jurisdiction. The court stayed proceedings in the underlying case as an interim measure.

What did the court decide?

Notice issued; proceedings in the underlying case stayed until next hearing.

What the court decided

Colonel Rattan Singh (Retd.) vs Rent Authority… — Landlord and Tenant | Allahabad HC (2024)

¶1

Court No. - 19

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Case :- WRIT - A No. - 8615 of 2024

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Petitioner :- Colonel Rattan Singh (Retd.) Respondent :- Rent Authority Lucknow/Addl. District Magistrate City(East),Lko. And Another Counsel for Petitioner :- Upmanyu Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Upmanyu Srivastava, the learned counsel for the petitioner.

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By means of the instant petition, the petitioner has sought issuance of a writ of certiorari quashing the order dated 13.09.2024 passed by the Additional District Magistrate City (East)/ Rent Authority in Case No. 2585 of 2024, under Sections 21(2) of U.P. Regulation of Urban Premises Tenancy Act, 2021, whereby an application filed by the petitioner for dismissal of the case as not maintainable in view of Section 38 of the Act of 2021 as the authority lacks jurisdiction to decide the matter, has been dismissed. The petitioner has also sought writ of prohibition restraining the Rent Authority from Proceeding with the aforesaid case as the Rent Authority has no jurisdiction.

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The learned counsel for the petitioner has submitted that Section 38 of the Rent Act, 2021 provides that the jurisdiction of the Rent Authority shall be limited to tenancy agreement submitted to it as specified in the first schedule and shall not extend to the question of title or ownership of premises. It is submitted that in para 7 of the plaint filed by the opposite parties, the opposite party-landlord had pleaded that a series of rent agreements were executed by the parties, last of which was executed on 26.01.2013 only for a period of eight months.

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Apparently, thereafter no written agreement of tenancy was executed between the parties.

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The matter requires consideration.

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Issue notice to the opposite party returnable at an early date.

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The learned counsel for the petitioner shall take requisite steps within one week.

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Opposite parties may file counter affidavit within two weeks. The petitioner shall have two weeks thereafter for filing rejoinder affidavit.

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List in the week commencing 11.11.2024.

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As an interim measure, it is provided that till the next date of listing, further proceedings of Case No. 2585 of 2024 titled Colonel Vijay Kumar Bajpai v. Colonel Rattan Singh, pending in the court of Rent Authority/ Additional District Magistrate City (East) Lucknow, shall remain stayed.

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Order Date :- 26.9.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Colonel Rattan Singh (Retd.) v. Rent Authority Lucknow/Addl. District Magistrate City(East),Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Colonel Rattan Singh (Retd.) v. Rent Authority Lucknow/Addl. District Magistrate City(East),Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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