Sushil Kumar Bhatia (Advocate) 15 December 2008

Sec.29-A &20 of U.P.Rent control Act

A piece of land was let/leased out to the tenant in year 2000 with permission of owner the tenant can construct building with his own expences and the construction called as building definne in the Rent Control Act applicable in Uttar Pradesh Now the owner has filed a suit for recovery of rent of & ejectment against tenant under Transfer of property Act Now question is whether the said building is covered under 29-A and Section 20 of U.P.Rent control Act or it is exempted from operation of the Act under section 2(2) of the said act as the building constructed in year 2000 as such,provision of T.P.Act or provisions of said rent control act is applicable please give your opinion and citation in this regard.

Reply Follow

2 Replies

Sanjay Agarwal (Lawyer) 16 December 2008

In case the landlord files a suit treatimg the disputed property as a building and seeks eviction the suit would lie in JSCC court BUT where suit is filed claiming the disputed property as land suit would lie in civil court through tenant may claim protection of sec. 29-A * 1994 ( 1) ARC 546 Sardar Gurucharan vs I ADJ *

Quadir 13 June 2020

Sir,

But how do we (landlord) decides whether to treat the property as building or open land? In my case a open piece of land was given through registered lease with the permission to lessee to contruct. He made contructions. Where would landlord go now, to JSCC or civil court to get best fruits (rent enhancement or eviction) ? which is better if it is landlord who has to decide?

Regards