GEETA GUPTAversusRAMESH CHANDRA DWIVEDI & ORS.

                         [2021] 9 S.C.R. 73                               73


                           GEETA GUPTA                                    A
                                  v.
            RAMESH CHANDRA DWIVEDI & ORS.
                   (Civil Appeal No. 4750 of 2011)
                       SEPTEMBER 20, 2021                                 B
          [AJAY RASTOGI AND ABHAY S. OKA, JJ.]
        Uttar Pradesh Urban Buildings (Regulation of Letting, Rent
and Eviction) Act, 1972 – Uttar Pradesh Urban Buildings (Regulation
of Letting, Rent and Eviction) Rules, 1972 – The appellant acquired
                                                                          C
a property by a sale deed dated 13.03.1994 – The said property
included two gaddis, two godowns and a tin shed (collectively
referred as disputed property), which was earlier given by the
vendor/predecessors-in-title of the appellant to another person ‘D’
by way of tenancy – An application was filed u/s.16 of the Act by
the second respondent for allotment of the said disputed property,        D
on the premise that the disputed property had fallen vacant – An
inspection report was prepared – The report recorded that first
respondent was carrying on his business in the said disputed
property and he was inducted as tenant by ‘D’ in November 1975 –
The Addl. City Magistrate held that the first respondent was in
                                                                          E
continuous possession as a tenant on the basis of an agreement
dated 15.11.1975 and he had become a tenant of the disputed
premises – Hence, the disputed property was not vacant – A writ
petition filed against the said judgment before the High Court was
rejected – Before the Supreme Court, the appellant contended that
on 05.07.1976, the disputed premises were vacant and after                F
purchasing property in the year 1994, she has not received any
income from the said property – Held: The first respondent has relied
on the agreement dated 15.11.1975 by which tenancy on him was
conferred – There is a finding recorded by the Addl. City Magistrate
that the predecessors-in-title of the appellant had never raised any
                                                                          G
objection right from the year 1975 regarding the possession of the
first respondent – Thus, the first respondent was in possession as a
tenant prior to 05.07.1976 – So, he shall be deemed to be tenant by
virtue of s.14 of the Act – There is no fault in the order of the Addl.
City Magistrate – Therefore, if appellant wants eviction of the first
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74            SUPREME COURT REPORTS                       [2021] 9 S.C.R.


A    respondent, she will have to take recourse to s.20 or s.21 of the Act
     – However, the first respondent is directed to deposit all the arrears
     of rent in pending proceedings u/s.30 of the Act before the Court of
     Civil Judge – Thus, there is no error in the view taken by the Addl.
     City Magistrate and confirmation of the same by the High Court.
B          Dismissing the appeal, the Court
           HELD: 1. The first respondent relied upon the agreement
     dated 15th November, 1975 purportedly executed by the said ‘D’
     claiming to be the power of attorney holder and manager of the
     original owners. The first respondent is the second party to the
C    said Agreement on whom tenancy in respect of the disputed
     premises was conferred. The finding of fact recorded by the Addl.
     City Magistrate is that the original owners never denied that the
     said ‘D’ was their attorney or manager and that the original owners
     neither served any notice nor filed a suit for eviction. In the
     counter, the first respondent has relied upon the said agreement.
D    In the rejoinder, the appellant alleged that the said document
     was fabricated. However, the petitioner has not produced on
     record anything to show that from 1975 to 1994, the original
     owners raised any objection to the induction of the first
     respondent as a tenant of the disputed premises in the year 1975.
E    Thus, the first respondent was inducted in possession as a tenant
     prior to 5th July, 1976. The finding recorded by the Addl. City
     Magistrate is that to the presence of the first respondent, the
     predecessors-in-title, of the appellant had never raised any
     objection right from the year 1975. Therefore, the Addl. City
     Magistrate concluded that in absence of the evidence of
F    predecessors-in-title of the appellant, it is very difficult to accept
     that right from the year 1975, the first respondent continued to
     be in possession without the consent of the original owners.
     There is nothing wrong about this inference drawn by the Addl.
     Magistrate that the first respondent was inducted with the consent
G    of the predecessors-in-title of the appellant. This Court finds no
     error in the said view taken by the Addl. City Magistrate and
     confirmed by the High Court. [Para 12][79-B-G]
           2. As the first respondent was a tenant in possession on 5 th
     July, 1976 with the consent of the original owners, he shall be
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  GEETA GUPTA v. RAMESH CHANDRA DWIVEDI & ORS.                         75


deemed to be a tenant by virtue of Section 14 of the said Act.         A
[Para 13][79-G-H]
      3. Therefore, there is no reason to find fault with the Order
of the Addl. City Magistrate. By virtue of Section 14, the first
respondent gets the protection as a tenant under the said Act.
Therefore, if the appellant wants the first respondent to be           B
evicted, she will have to take recourse to section 20 of the said
Act. Depending upon the circumstances, she has also an option
to take recourse to section 21 of the said Act. [Para 14][80-A-B]
      4. The first respondent is directed to deposit all the arrears
of rent and thereafter, continue to regularly deposit the rent in      C
the proceedings pending u/s. 30 of the Act before the Civil Judge.
He can also pay the amount to the petitioner. The petitioner can
always apply for withdrawal of the rent amount in accordance with
sub-section (3) of section 30 of the said Act. If eviction
proceedings are filed by the petitioner, considering the case of
the petitioner that she is deprived of the benefit of the disputed     D
premises right from year 1994, the concerned authority or the
Court, as the case may be, shall give priority to the disposal of
the eviction proceedings. [Para 17][80-F-G]
        Achal Misra v. Rama Shanker Singh & Ors. (2005) 5
        SCC 531 : [2005] 3 SCR 439; Ram Murti Devi v.                  E
        Pushpa Devi & Ors. (2017) 15 SCC 230 : [2017] 7
        SCR 872; Harish Tandon v. Addl. District Magistrate,
        Allahabad, U.P. & Ors. (1995) 1 SCC 537 : [1995] 1
        SCR 56 – held inapplicable.
                       Case Law Reference                              F
[2005] 3 SCR 439                held inapplicable     Para 6
[2017] 7 SCR 872                held inapplicable     Para 6
1995] 1 SCR 56                  held inapplicable     Para 6
        CIVIL APPELLATE JURISDICTION: Civil Appeal No.4750 of          G
2011.
      From the Judgment and Order dated 09.10.2009 of the High Court
of Judicature at Allahabad in Writ A. No.12203 of 1997.

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76            SUPREME COURT REPORTS                          [2021] 9 S.C.R.


A          S. B. Upadhyay, Sr. Adv., Ms. Kumud Lata Das, Y. K. S. Chauhan,
     Ms. Indu Kaul, Advs. for the Appellant.
          Anand Verma, Ms. Chitranka Naik, Rajeev Kumar Dubey,
     Kamlendra Mishra, Advs. for the Respondents.
           The Judgment of the Court was delivered by
B
           ABHAY S. OKA, J.
           1. By this appeal, the appellant who was the writ petitioner before
     the High Court at Allahabad has taken an exception to the Judgment and
     Order dated 9th October, 2009 passed by the learned Single Judge of
C    Allahabad High Court.
            2. The appellant is claiming to be the owner of premises No. 74/
     13, Collectorganj, Kanpur Nagar, Uttar Pradesh. The appellant acquired
     the said premises by a sale deed dated 13th March, 1994 executed by
     power of attorney holder on behalf of the original owners Shri Vishnu
D    Swaroop Mishra and Shri Gopal Swaroop Mishra. The petitioner claimed
     that the physical possession of the premises subject matter of the sale
     deed was handed over to her by her vendors which includes two Gaddis,
     two godowns and a tin shed (collectively referred as “the disputed
     premises”) which was earlier given by the appellant’s vendorto one Dhruv
     Narayan Tripathi by way of tenancy.
E
            3. An application was made by the second respondent for allotment
     of the disputed premises by invoking Section 16 of the Uttar Pradesh
     Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
     (for short the “the said Act”). The application was made on the premise
     that the disputed premises have fallen vacant in accordance with sub-
F    section (4) of Section 12 of the said Act. On the basis of the said
     application, in accordance with Rule 8(2) of the Uttar Pradesh Urban
     Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, an
     inspection report dated 20th May 1995 was submitted to the District
     Magistrate. The report recorded that the first respondent-Ramesh
     Chandra Dwivediwas carrying on business in the disputed premises in
G
     the name and style of M/s Ramesh Chandra Pravesh Kumar. It was
     stated in the report thatfirst respondent informed that he was inducted
     as a tenant by Shri Dhruv Narayan Tripathi in the disputed premises in
     November 1975 at monthly rent of Rs.500/-. The District Magistrate
     (Addl. City Magistrate-VI)while exercising the powers under the said
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    GEETA GUPTA v. RAMESH CHANDRA DWIVEDI & ORS.                              77
                    [ABHAY S. OKA, J.]

Actheld that on the basis of the agreement dated 15th November, 1975,         A
the first respondent was inducted as a tenant by the said Dhruv Narayan
Tripathi acting as a power of attorney holder and manager of the owners.
He held that the original owners never objected to the action of the said
Dhruv Narayan Tripathi. The Addl. City Magistrate held that the first
respondent was in continuous possession as a tenant on the basis of the
                                                                              B
said agreement dated 15th November, 1975 and therefore,he has become
a tenant of the disputed premises. Hence, it was held that the disputed
premises were not vacant within the meaning of sub-section (4) of Section
12 of the said Act.
      4. A writ petition was preferred by the petitioner against the said
Judgment and Order of the Addl. City Magistrate, which was rejected           C
by the impugned Judgment and Order dated 15th November, 1975.
        5. The learned counsel appearing for the appellant in support of
the appeal submitted that the said Dhruv Narayan Tripathi had no authority
to induct the first respondent as a tenant on behalf of the predecessors-
in-title of the petitioner. She submitted that the said Dhruv Narayan         D
Tripathi was the tenant inducted by the predecessors-in-title of the
appellant. She submitted that on 5th July, 1976, the disputed premises
were vacant. She submitted that the petitioner purchased the property in
the year 1994 and from that day, she has not received any income from
the disputed premises. She submitted that the writ petition before the        E
Allahabad High Court was of the year 1997 which was decided on 09th
October, 2009 and that the present appeal is of the year 2011. Thus, the
submission is that during the last 27 years, the appellant has not received
any benefit from the disputed premises.
       6. The learned counsel appearing for the appellant placed reliance     F
on the decisions of the Apex Court in the case of Achal Misra v. Rama
Shanker Singh & Ors.,1 Ram Murti Devi v. Pushpa Devi &Ors.2
and Harish Tandon v. Addl. District Magistrate, Allahabad, U.P.
& Ors.3
       7. The learned counsel appearing for the first respondent invited      G
our attention to the findings recorded by the Addl. City Magistrate holding
that the first respondent has been in possession of the disputed premises
since 1975 and is paying rent even prior to 5th July, 1976. He invited our
1
  (2005) 5 SCC 531
2
  (2017) 15 SCC 230
3
  (1995) 1 SCC 537                                                            H
78             SUPREME COURT REPORTS                           [2021] 9 S.C.R.


A    attention to the deposit of the rent made by the first respondent in the
     Court of Civil Judge, (Junior Division) Kanpur Nagar by taking recourse
     to sub-section (1) of Section 30 of the said Act. He submitted that as per
     his instructions, the first respondent has been regularly depositing the
     rent in the said proceedings and even if some part of the rent is not
     deposited, the first respondent shall do so.
B
             8. The learned counsel appearing for the appellant by way of
     rejoinder to the submissions made by the learned counsel appearing for
     the first respondent urged that it will be unjust to drive the appellant to
     file a suit for eviction 27 years after she purchased the disputed premises.
C           9. We have carefully considered the submissions. We have perused
     the material on record, as well as the provisions of the said Act. Sub-
     section (1) of Section 12 incorporates the concept of deemed vacancy
     of the building in certain cases. Under clause (b) of sub-section (1) of
     Section 12, a tenant of a building shall be deemed to have ceased to
     occupy the building or a part thereof if he has allowed it to be occupied
D    by any person who is not a member of his family. Sub-section (2) of
     Section 12 lays down that in case of non-residential buildings, where a
     tenant carrying on business in the building admits a person who is not a
     member of his family as a partner, the tenant shall be deemed to have
     ceased to occupy the building. Sub-Section (4) of Section 12 of the said
E    Act provides that any building or a part of which landlord or tenant has
     ceased to occupy within the meaning of sub-sections (1) or (2) of Section
     12 shall be deemed to be vacant.
            10. Under clause (a) of sub-section (1) of Section 16 of the said
     Act, the District Magistrate is empowered to require any landlord to let
F    any building which has fallen vacant to any person specified in the order.
           11. Section 14 of the said Act is material which is thus:
           “14. Regularisation or occupation of existing tenants.-
           [Notwithstanding anything contained in this Act or any other law
           for the time being in force, any licensee (within the meaning of
G          Section 2-A) or a tenant in occupation of a building with the
           consent of the landlord immediately before the commencement
           of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent
           and Eviction) (Amendment) Act, 1976, not being a person against
           whom any suit or proceeding for eviction is pending before any
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   GEETA GUPTA v. RAMESH CHANDRA DWIVEDI & ORS.                                  79
                   [ABHAY S. OKA, J.]

       court or authority on the date of such commencement shall be              A
       deemed to be an authorised licensee or tenant of such building].”
      Under Section 14, a tenant in occupation of a building with the
consent of the landlord immediately before the commencement of the
U.P. Urban Buildings (Regulation of Letting, Rent and Eviction)
(Amendment Act), 1976 shall be deemed to an authorised tenant. The               B
date of commencement of the Amendment Act is 5th July, 1976.
        12. The first respondent relied upon the agreement dated
15th November, 1975 purportedly executed by the said Dhruv Narayan
Tripathi claiming to be the power of attorney holder and manager of the
original owners. The first respondent is the second party to the said            C
Agreement on whom tenancy in respect of the disputed premises was
conferred. The finding of fact recorded by the Addl. City Magistrate is
that the original owners never denied that the said Dhruv Narayan Tripathi
was their attorney or manager and that the original owners neither served
any notice nor filed a suit for eviction. In the counter, the first respondent
has relied upon the said agreement atAnnexure R-4 in paragraph 5. In             D
the rejoinder, the appellant alleged that the said document was fabricated.
However, the petitioner has not produced on record anything to show
that from 1975 to 1994, the original owners raised any objection to the
induction of the first respondent as a tenant of the disputed premises in
the year 1975. Thus, the first respondent was inducted in possession as          E
a tenant prior to 5th July, 1976. The finding recorded by the Addl. City
Magistrate is that to the presence of the first respondent, the
predecessors-in-title, of the appellant had never raised any objection
right from the year 1975. Therefore, the Addl. City Magistrate concluded
that in absence of the evidence of predecessors-in-title of the appellant,
it is very difficult to accept that right from the year 1975, the first          F
respondent continued to be in possession without the consent of the
original owners. There is nothing wrong about this inference drawn by
the Addl. Magistrate that the first respondent was inducted with the
consent of the predecessors-in-title of the appellant.We find no error in
the said view taken by the Addl. City Magistrate and confirmed by the            G
High Court.
      13. As the first respondent was a tenant in possession on 5th July,
1976 with the consent of the original owners,he shall be deemed to be a
tenant by virtue of Section 14 of the said Act.
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80                SUPREME COURT REPORTS                       [2021] 9 S.C.R.


A           14. Therefore, there is no reason to find fault with the Order of
     the Addl. City Magistrate. By virtue of Section 14, the first respondent
     gets the protection as a tenant under the said Act. Therefore, if the
     appellant wants the first respondent to be evicted, she will have to take
     recourse to section 20 of the said Act. Depending upon the circumstances,
     she has also an option to take recourse to section 21 of the said Act.
B
            15. We have carefully perused the decisions relied upon by the
     appellant. The decision in the case of Achal Misra (supra) holds that
     an order notifying vacancy under section 12 of the said Act can be
     challenged by filing a writ petition or it can be challenged after an order
     of allotment is made by adopting a remedy under section 18 of the said
C    Act. Even the decision in the case of Harish Tandon (supra) has no
     bearing on the controversy in this appeal. Lastly, the decision in the
     case of Ram Murti Devi (supra) does not deal with the issue involved.
     It deals with the issue of unlawful subletting. None of these decisions
     have any application to the facts of this case.
D           16. Though there is no merit in the appeal, it will be necessary to
     ensure that the first respondent regularly pays rent in respect of the
     disputed premises. In the objections filed by the first respondent, he has
     specifically taken a stand that the first respondent has filed Misc. Case
     No. 284/70/04 in the Court of Civil Judge, (Junior Division)at Kanpur
     Nagar under sub-section (1) of Section 30 of the said Act. The learned
E    counsel appearing for first respondent claimed that the entire amount of
     rent has been deposited in the said case.
            17. We direct the first respondent to deposit all the arrears of
     rent, if any,up to 31st August, 2021 within a period of six weeks from
     today and thereafter, continue to regularly depositthe rentin the
F    aforesaidproceedings. He can also pay the amount to the petitioner. The
     petitioner can always apply for withdrawal of the rent amount in
     accordance with sub-section (3) of section 30 of the said Act. If eviction
     proceedings are filed by the petitioner, considering the case of the
     petitioner that she is deprived of the benefit of the disputed premises
     right from year 1994,the concerned authority or the Court, as the case
G
     may be,shall give priority to the disposal of the eviction proceedings.
            18. Subject to what is directed above, there is no merit in the
     appeal and the same is accordingly dismissed.

     Ankit Gyan                                                  Appeal dismissed.
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