The Apex Court on 28.01.2019, in Dr. H.K. Sharma v Shri Ram Lal[1], dismissed the appeal that had been made against the passed by the High Court of Uttarakhand‘s judgment and order.
FACTS:
The respondent being the applicant had been the owner of the house which in which he had let out a portion upon a monthly rent that was to be paid according to the agreement. An application under Section 21(1) (a) of the U.P. Urban Buildings (Regulation of Letting Rent and Eviction)Act, 1972, had been filed by the respondent against the appellant to seek the eviction from the house because of the bona fide requirement of the respondent for residence and his family members.
The contention raised from the appellant’s side was that relation of landlord and tenant does not exist between the two parties as the house had been sold to the appellant giving rise to a new relation of seller and buyer.
The application filed by the respondent was dismissed by the Prescribed Authority by an order while upholding that as the parties had entered into a sale as a result, payment of monthly rent was not needed since the relation of landlord and tenant had ceased to exist.
An appeal was filed by the respondent before the Appellate Court that was eventually dismissed while affirming the Prescribed Authority’s order. Furthermore, a writ petition was filed before the High Court of Uttarakhand at Nainital that permitted the petition while and setting aside Appellate Court’s and the Prescribed Authority’s orders. The recall application was also dismissed by the High Court by its order resulting in the filing of appeal by special leave in the Apex Court.
ISSUE: Was it justified from the part of the High Court to allow the application filed by the respondent under Section 21(1) (a) of the UP Act.
DECISION HELD BY THE APEX COURT:
The Apex Court while dismissing the appeal held the decision concluded by the High Court which was that a mere agreement pertaining to sale shall not terminate the relation of a landlord-tenant unless and otherwise there is a stipulation in that agreement to that regard.It was further held that as the agreement relied upon by the appellant (opposite party) was not registered , the party shall not entitled for raising a plea of part performance under the Transfer of Property Act, 1882 against the tenant( respondent). The Apex Court further went on upholding the decision of the High Court with regard to the respondent who being an old man possessed the right of living in his own house.
[1] Full Judgment: https://www.sci.gov.in/supremecourt/2017/33240/33240_2017_Judgement_28-Jan-2019.pdf