Absence of written tenancy agreement does not bar jurisdiction of rent authority: Allahabad HC

Prayagraj (UP), Jan 2 (PTI) The Allahabad High Court in a significant judgment has ruled that the absence of a written agreement of tenancy or not furnishing particulars of tenancy does not bar the jurisdiction of the rent authority.

The court further ruled that under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, the rent authority has the jurisdiction to entertain the landlord's application for eviction of the tenant even where no written tenancy agreement has been executed and the landlord has also failed to furnish the particulars of tenancy.

Justice Rohit Ranjan Agarwal, in his judgment dated December 16, observed, "This provision leads to conclusion that jurisdiction of rent authority under the Act of 2021 cannot be narrowed down only in cases of written agreement and its intimation to rent authority." "Had the Legislature thought of giving limited access to landlord or tenant to approach rent authority only in cases of written agreement or its intimation, then proviso to sub-section (5) of Section 9 would not have been there in the statute book," the court added.

The court said that the intention of the legislature cannot be ascertained merely on the basis of a single provision and regard must be given to other sections as well as the context, subject-matter and the object of the provision.

The court emphasised that the state legislature's conscious decision to omit the "fatal consequences" found in the Central Model Tenancy Act ensures that landlords are not deprived of their right to seek expedient eviction due to technical documentation failures.

The issue before the court in the writ petitions was whether the rent authority, constituted according to the UP Act of 2021, has the jurisdiction to entertain applications filed by the landlords in cases where a tenancy agreement has not been executed, and if not executed, the landlord has failed to file particulars of tenancy with the rent authority. PTI COR RAJ KSS KSS