SRI SIDHHARTH VIYAS & ANR. VERSUS RAVI NATH MISRA & ORS.

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10529 OF 2014
(ARISING OUT OF SLP (C) NO.11696 OF 2007)

SRI SIDHHARTH VIYAS & ANR. …APPELLANTS
VERSUS
RAVI NATH MISRA & ORS. …RESPONDENTS

The question for consideration is whether Section 12(3) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short “the Act”) providing for ‘deemed vacancy’ is applicable to a situation where the tenant or a member of his family builds, acquires or otherwise gets a vacant building in the area concerned after commencement of the tenancy but prior to application of the Act to the tenancy in question. Brief reference to facts giving rise to the question is necessary. The accommodation in question was let out for residential purpose w.e.f. 1st June, 1981 and was assessed for house tax for the first time on 1st October, 1983. Under Section 2(2) of the Act, the Act which otherwise came into force on 15th July, 1972, was not applicable to the building during ten years from the date on which its construction was completed. The construction is deemed to be completed, interalia, on the date on which the first assessment of letting value is made by the local authority concerned, which in the present case was 1st October, 1983. Thus, the Act became applicable to the accommodation in question in the year 1983. On 7th June, 1987, the tenant purchased another residential house bearing number 198 at Safipur-II, Kanpur Nagar….read more