Up rent control act

deepak bhatia (Querist) 06 January 2013 This query is : Resolved
Sir,
My Grandfather leased an industrial property for Rs.1200/- per month in the year 1969 for 12 yrs, during the lease term UP Rent control Act enacted & when the term of lease expired, the tenant denied to vacate stating the property is governed by UP RCA,1972. We sued him and lost the case where it was stated that property is governed by UP rent RCA. Now he is occupying the property for last 30 yrs and depositing the rent in court. Your kind advice is solicited to resolve my queries:
1.How can we claim our damages from tenant?
2.How can we remove him from our property?

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Raj Kumar Makkad (Expert) 06 January 2013
You have not mentioned what remained the ultimate fate of your litigation means whether you filed any appeal against the order of lower court or not or whether you treated the initial case as final for ever?

Anyway, keeping in view the aspect that your case was treated to be dealt under Rent Act, I suggest you to first of all claim for rent and then issue a legal notice to such tenant to vacate the property within a stipulated period required for your own use and then file eviction petition.

deepak bhatia (Querist) 07 January 2013
Dear Sir,
Thanx for your kind advice and apologies
for the incomplete information.

We won the case in lower court but that order was set aside by the high court stating that property comes under the purview of UP RCA, so the eviction was set aside but the court accepted that the rent should be increased if put in front of proper forum. We then appealed in supreme court also where again we lost the eviction as the property was under the jurisdiction of UP RCA. Now the tenant is occupying the
premises without any lease agreement for last 30 yrs.. We contacted a local lawyer who said that we are left with only option
of sec-21-A of eviction and there is no way to recover losses or rent with retrospective effect.
My humble question is that:
1.Don't we have any law though which we
can recover our financial loss?
2.Even lease agreement hasn't been renewed
since then.

Your kind advice will help us to move in a
more sound way.

Raj Kumar Makkad (Expert) 10 January 2013
1. You can recover the rent just for last 3 years and not more than that period.

2. File for eviction as already advised to you.