Hon’ble Allahabad High Court while dealing with a petition here on 01.03.2019 in the case of “Deepak Kumar Baijal v. Vinay Kumar Jain And Another” stated that theneed of the transferee landlord would not be considered while deciding the appeal.

BRIEF FACTS OF THE CASE

Vinay Kumar Jain (respondent No. 1) filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 for release of the premises in the tenancy of the petitioner on the ground of his personal need. The release application was allowed by judgment and order dated 2.11.2011. Aggrieved thereby, the petitioner filed an appeal under Section 22 of the Act, which came to be registered as Rent Appeal No. 155/2011. During pendency of the appeal, respondent No. 1 sold the tenanted premises in favour of Sanjay Mittal (respondent No. 2.) who applied for impleadment in place of the original landlord, on basis of sale deed.

The Appellate Court allowed the application filed in this regard observing that respondent No. 2, being assignee of the interest of the previous landlord, deserves to be impleaded. The recall petition by the petitioners was also rejected.

Thus, this petition was filed.

DECISION OF THE COURT

Hon’ble HC held that the need of the transferee landlord would not be considered while deciding the appeal.

Thus, the petition was disposed of with the clarification that it shall always be open to the petitioner to raise all possible pleas before the Appellate Court in relation to the sale of the property by the previous landlord and its effect on his alleged need.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7056494