# Amit Gupta Revisionist v. Gulab Chandra Kanodia - **Citation:** (2023) 7 ILRA 1211 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2023-05-15 - **Case number:** S.C.C. Revision No. 158 of 2022 - **Bench:** Ajit Kumar - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/amit-gupta-revisionist-v-gulab-chandra-kanodia-50505 - **Pages:** 38 ## Headnote Civil Law-Tenancy Law - Transfer of Property Act 1882 -Small Cause Courts - U.P. Regulation of Urban Premises Tenancy Act 2021- repeal and saving, implied repeal, legislative competence-, eviction suits The revisionist challenged the Small Cause Court's order, rejecting an application under Order VII Rule 11, CPC, questioning the maintainability of a Small Cause Suit for recovery of rent arrears and eviction post the enforcement of the U.P. Regulation of Urban Premises Tenancy Act, 2021 (Tenancy Act 2021). In S.C.C. Revision, the revisionist contested the District Judge's order, dismissing a Small Cause Suit as not maintainable under the Tenancy Act 2021. Both revisions raised common questions regarding the effect of the Tenancy Act 2021 on pending Small Cause Suits and revisions. The Court noted that the legislative intent of the Tenancy Act 2021 was to regulate tenancies through written agreements, but it deliberately left unwritten tenancies unaddressed, likely assuming the continued applicability of the U.P. Civil Laws Amendment Act, 1972, for such cases. Dismissed, with directions to the Small Cause Court to expedite the suit's hearing and decide within six months. The revision is dismissed. Precedents Relied Upon: ## Text _Characters 0–39,942 of 127,717. This is a partial read: ask again with offset=39942 for what follows._ 7 All. Amit Gupta Vs. Gulab Chandra Kanodia 1211 (2023) 7 ILRA 1211 REVISIONAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 15.05.2023 BEFORE THE HON'BLE AJIT KUMAR, J. S.C.C. Revision No. 158 of 2022 Connected with S.C.C. Revision Defective No. 48 of 2022 Amit Gupta ...Revisionist Versus Gulab Chandra Kanodia ...Opposite Party Counsel for the Revisionist: Sri Prakhar Tandon Counsel for the Opposite Party: Sri Saurabh Srivastava Civil Law-Tenancy Law - Transfer of Property Act 1882 -Small Cause Courts - U.P. Regulation of Urban Premises Tenancy Act 2021- repeal and saving, implied repeal, legislative competence-, eviction suits The revisionist challenged the Small Cause Court's order, rejecting an application under Order VII Rule 11, CPC, questioning the maintainability of a Small Cause Suit for recovery of rent arrears and eviction post the enforcement of the U.P. Regulation of Urban Premises Tenancy Act, 2021 (Tenancy Act 2021). In S.C.C. Revision, the revisionist contested the District Judge's order, dismissing a Small Cause Suit as not maintainable under the Tenancy Act 2021. Both revisions raised common questions regarding the effect of the Tenancy Act 2021 on pending Small Cause Suits and revisions. The Court noted that the legislative intent of the Tenancy Act 2021 was to regulate tenancies through written agreements, but it deliberately left unwritten tenancies unaddressed, likely assuming the continued applicability of the U.P. Civil Laws Amendment Act, 1972, for such cases. Dismissed, with directions to the Small Cause Court to expedite the suit's hearing and decide within six months. The revision is dismissed. Precedents Relied Upon: 1. New India Insurance Co. Ltd. Vs Smt. Shanti Misra, AIR 1976 SC 237 2. M/s Gamon India Ltd. Vs Special Chief Secretary, 2006(2) SCC 454 3. Sri Jeyaram Educational Trust Vs A.G. Syed Mohideen, AIR 2010 SC 671 4. Ram Gopal Vs Hari Shankar, 1985 SCC OnLine All 132 5. St. of Tamil Nadu Vs Adhiyaman Educational and Research Institute, 1995 AIR SCW 2179. 6. Transcore Vs U.O.I., (2008) 1 SCC 125 (Delivered by Hon'ble Ajit Kumar, J.) 1. Heard Sri Prakhar Tandon, learned counsel for the revision applicant in SCC Revision No. 158 of 2022 Saurabh Srivastava, learned counsel for the contesting respondent and Sri Ashish Kumar Singh, learned counsel for the revision applicant in SCC Revision (D) No. 48 of 2022. 2. Both these revision applications raise common question of law and hence being decided together by this common judgment and order. 3. In SCC Revision No. 158 of 2022, the revision applicant is aggrieved by the order passed by the Judge, Small Causes dated 23rd September, 2022 rejecting his application bearing no. 232-C, filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 questioning the maintainability of Small Cause Suit for recovery of arrears of rent and ejectment even after coming into force and for the provisions contained under U.P. Regulation 1212 INDIAN LAW REPORTS ALLAHABAD SERIES of Urban Premises Tenancy Act, 2021 (hereinafter referred to as new Tenancy Act, 2021), which has come into force vide gazette notification w.e.f. 16th September, 1972. 4. In SCC Revision No. 48 of 2022, the revision applicant has questioned the order dated 13th July, 2022 passed by the District Judge, Saharanpur in SCC Suit No. Nil of 2022 dismissing the SCC Suit at the very threshold holding it to be not maintainable in view of enforcement of Tenancy Act, 2021 and the provisions contained therein. 5. Thus two legal questions arise for consideration before this Court: (a). Whether a Small Cause Suit already instituted, since prior to coming into force of the new Tenancy Act, 2021 and so also such SCC revision arising therefrom would stand saved or the SCC suit and SCC Revision being not mentioned in the repeal and saving clause of Section 46, the proceedings of such suit and revision would stand abated; and (b). Whether the bar created under Section 38 of the Tenancy Act is not an absolute one and so Small Cause Suit for arrears of recovery of Rent and Eviction (SCC Suit) and SCC Revision arising therefrom would still be maintainable even after the enforcement of the New Tenancy Act, 2021 qua the of tenancies not covered by tenancy agreements provided for under Tenancy Act, 2021. 6. In respect of question "(a)" following arguments have been advanced by Sri Prakhar Tandon, learned counsel, appearing for the applicant in revision no. 158 of 2022: (i) Section 46 of the New Tenancy Act, 2021 saves certain proceedings already instituted and pending under the U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972, but does not mention to the suits instituted under the proviso to Sub Section 3 of Section 15 of the Provincial Small Causes Courts Act, 1887 in its application to the state vide U.P. Civil Laws Amendment Act, 1972 and so repeal and saving clause would not apply to the proceedings of SCC suits and SCC revisions; (ii) Section 46 of the New Tenancy Act, 2021 is meant to replace Act No. 13 of 1972 and has made the operation of this new Act to be prospective only to ensure that already pending proceedings under the repealed U.P. Urban Building (Letting of Rent and Eviction) Act, 1972 are not frustrated; (iii) New Act provides for a forum to initiate proceedings by land lord against tenant and since new Act replaces the old Act and has been enacted by a competent legislature on a subject falling in the State list of the Schedule VII of the Constitution, it will occupy the field to the exclusion of all other Acts framed by the competent legislature on the subject in the list 2, and therefore, the provisions as enacted by the State legislature vide U.P. Civil Laws Amendment Act, 1972 would also stood impliedly repealed. Thus according to Mr. Tandon, in so far as proviso to sub section 3 of Section 15 of the Provincial Small Causes Courts Act, 1887 and Bangal, Agra and Assam Civil Courts Act, 1887 in its application to Uttar Pradesh, would stand repealed. 7. Sri Saurabh Srivastava, learned counsel for the respondent has raised an argument that since forum of Small Causes 7 All. Amit Gupta Vs. Gulab Chandra Kanodia 1213 Court is available by virtue of U.P. Civil Laws Amendment Act, 1972 and the new Tenancy Act having no Presidential assent, the forum of Small Causes Court would continue to remain there and there can be two forums simultaneously and may be with the passage of time, the forum of Small Causes Courts looses its relevance and significance for there being only written tenancy agreement and old tenancies coming to end. He has emphasized the two Acts namely New Tenancy Act, 2021 and Amendment Act, 1972 to be having parallel operation and on principle of doctrine of election, a party bringing an actionable claim, can choose either of the two. 8. Per contra, the submissions advanced by Sri Ashish Kumar Singh, learned Advocate are as under: (I) U.P. Civil Laws amendment Act, 1972 was brought into, to make the Central Act namely Provincial Small Causes Courts Act, 1887, and the Bangal, Agra, Assam Civil Courts Act, 1887 to maintain a suit by lessor for the eviction of lessee from the building after the determination of lease i.e. a suit for recovery of rent and occupation of building and this Act having received assent of the President and so also the Central Act would continue to occupy the field for maintenance of such suits even after the enactment of the new Tenancy Act, 2021; (II) The bar created under Section 38 is limited to the cases where rights and obligations flow from the agreement reached and presented under the New Tenancy Act, otherwise remedy of small cause suit is there and will continue to be available until the legislature repeals the U.P. Civil Laws Amending Act, 1972 and provides alternative forum for these cases in which no agreement in writing has been signed. (III) Since U.P. Civil Laws Amendment Act, 1972 made the Provincial Small Courts Act, 1887 in its application to the State of U.P. for providing a forum of Small Causes Court, until such a provision is repealed with retrospective effect, such suit proceedings would continue be brought to their logical end. 9. Rival submissions fall for consideration. 10. In order to find answer to the questions that arise for consideration in the two cases, as to what extent the new State Tenancy Act would cover the field of tenancy law in the state; as to whether it intrudes the field already occupied by the central act like Transfer of property Act,1872; as to whether it saves suits already instituted and whether forum of small causes courts provided for vide UP Civil Laws Amendment Act, 1972 having Presidential assent would still be available, it is first necessary to look into legislative relationship between centre and State as our constitution prescribes for. 11. Three lists provided in VIIth schedule of the constitution referred to as Union List, State List and Concurrent list, are indicative of federal structure of our constitution. 12. Article 272 saves pre-constitution laws until are repealed by competent legislature. Article 252 provides for power of central legislature and states' power to legislate. 13. The concurrent list subjects fall within the legislative competence of both the central and state legislatures provided 1214 INDIAN LAW REPORTS ALLAHABAD SERIES of course, field is not already occupied by any Central Act and if this is so then a State Act shall have to have Presidential assent. Likewise any State Act if is having presidential assent it's effect would be taken away, to wit; by express or implied repeal, only if a subsequent Act also has a presidential assent. 14. With this above principle enshrined in our constitution governing legislative relationship between centre and state I proceed to examine certain provisions of the new Tenancy Act that are relevant to the controversy involved in the cases in hand. 15. Prior to this new Tenancy Act the earlier Act, namely, U.P. Urban Buildings (Regulation of Letting and Eviction) Act, 1972 (hereinafter referred to as "Rent Control Act") barred suits relating to buildings falling in urban areas in matters of tenancy dispute except on specified grounds as prescribed for under section 20 of the said Act. In Oder to ensure expeditious disposal of such suits as it would not involve title dispute and would require only summary trial, the state legislature brought in U.P. Civil Laws Amendment Act, 1972 (hereinafter referred to as Amendment Act, 1972) adding a proviso to section 3 of the Provincial Small Causes Courts Act, 1887 in its application to the state and so also amending Bengal, Awadh and Assam Civil Courts Act, providing forum of civil courts having territorial jurisdiction to be designated as Small Causes courts. This Amendment Act, 1972 received Presidential assent on 12.09.1972 and is still not repealed. 16. Thus small causes suits came to be maintainable in matters of tenancy disputes qua urban buildings defined under the rent control Act and Amendment Act. 17. The new Tenancy Act completely repealed the old rent control Act and has even barred the suits in respect of tenancy disputes relating to premises defined under section 2(c) situate in areas provided under section 1. Section 1 provides for its areas of application as under: "(1) This Act may be called the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. (2) It extends to the whole of the Uttar Pradesh. (3) It shall apply to:- (a) every city as defined in the Uttar Pradesh Municipal Corporation Act, 1959 (U.P. Act no. 2 of 1959); (b) every municipal area as defined in the Uttar Pradesh Municipalities Act, 1916 (U.P. Act no. 2 of 1916); (c) every development area notified under Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973); (d) every special development area notified under the Uttar Pradesh Special Area Development Authorities Act, 1986 (U.P. Act. no. 9 of 1986); (e) every Industrial Development Area notified under Uttar Pradesh Industrial Area Development Act, 1976 (U.P. Act no. 6 of 1976); (f) every Regulated area notified under the Uttar Pradesh (Regulation of Building Operations) Act, 1958 (U.P. Act. no. 34 of 1958); and (g) every area relating to various housing schemes of Uttar Pradesh Avas Evam Vikas Parishad constituted under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (U.P. Act. no. 1 of 1966): 7 All. Amit Gupta Vs. Gulab Chandra Kanodia 1215 Provided that the State Government, if it is satisfied that it is necessary or expedient so to do in the interest of the general public, residing in any other local area, may by notification in the Gazette declare that this Act or any part thereof shall apply to such area, and thereupon this Act or part shall apply to such area. (4) It shall be deemed to have come into force with effect from January 11, 2021." (emphasis added) 18. Section 2 (c) defines premises as under : " "Premises" means any building or part of a building which is, or is intended to be, let on rent for the purpose of residence or for commercial or for educational use, except for industrial use and includes- (i) garden, garage or closed parking area, vacant land, grounds and out-houses, if any, appertaining to such building or part of the building; and (ii) any fitting to such building or part of the building for the more beneficial enjoyment thereof, but does not include premises such as hotel, lodging house, dharamshala or inn; (j) "Tenant", whether called lessee or by any other name, means a person by whom or on whose account or on behalf of whom, the rent of any premises is payable to the landlord under a tenancy agreement and includes any person occupying the premises as a sub-tenant and also, any person continuing in possession after the termination of his tenancy whether before or after the commencement of this Act; but shall not include any person against whom any order or decree for eviction has been made." (Emphasis added) 19. Section 32 of New Tenancy Act, 2021 provides for constitution of Rent Tribunal and Rent Authority as under: "The Rent Tribunal shall be presided over by the District Judge himself or by Additional District Judge nominated by the District Judge in each district." 20. Section 34 provides for powers of Rent Authority and Tribunal as under: "(1) The Rent Authority and the Rent Tribunal shall, for discharging their functions under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act. No. 5 of 1908) for the purposes of,- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commission for examination of the witnesses or documents; (d) issuing commission for local investigation; (e) receiving evidence on affidavits; (f) dismissing an application or appeal for default or deciding it ex-parte; (g) setting aside any order of dismissal of any application or appeal for default or any other order passed by it exparte; (h) any other matter, which may be prescribed. (2) Any proceeding before the Rent Authority or Rent Tribunal shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code, 1860 (Act. No. 45 of 1860); and the Rent Authority and the Rent Tribunal shall be deemed to be a civil court for the purposes of Section 195 and 1216 INDIAN LAW REPORTS ALLAHABAD SERIES Chapter XXVI of the Code of Criminal Procedure, 1973 (Act. No. 2 of 1974). (3) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Authority may,- (a) after giving not less than twenty-four hours' notice in writing, enter and inspect or authorize any officer subordinate to it, to enter and inspect any premises at any time between sunrise and sunset; (b) by a written order, require any person to produce for its inspection such books or documents relevant to the inquiry, at such time and at such place as may be specified in the order. (4) The Rent Authority may, if it thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or valuer to advise it in the proceeding before it. (5) Any clerical or arithmetical mistake in any order passed by the Rent Authority or any other error arising out of any accidental omission may, at any time, be corrected by the Rent Authority on an application received by it in this behalf from any of the parties or otherwise. (6) The Rent Authority may exercise the powers of a Judicial Magistrate of the First Class for the recovery of the fine under the provisions of the Code of Criminal Procedure, 1973 (Act. no. 2 of 1974) and the Rent Authority shall be deemed to be a Magistrate under the said Code for the purposes of such recovery. (7) An order made by a Rent Authority or an order passed in appeal under this Chapter shall be executable by the Rent Authority as a decree of a Civil Court and for this purpose, the Rent Authority shall have the powers of a Civil Court. (8) The Rent Authority may set aside or recall any order passed ex-parte if the aggrieved party files an application and satisfies it that the notice was not duly served or that he was prevented by any sufficient cause from appearing when the case was taken up for hearing. (9) Save as otherwise expressly provided in this Act, every order made by the Rent Authority shall, subject to decision in appeal, be final and shall not be called in question in any original suit, application or execution proceedings." (emphasis added) 21. Section 35 provides for appeal to rent tribunal as under: (1) Any person aggrieved by an order passed by the Rent Authority may prefer an appeal along with a certified copy of such order to the Rent Tribunal within the local limits of which the premises is situated, within a period of thirty days from the date of that order: Provided that no appeal shall lie unless the appellant pre-deposits fifty percent of the entire payable amount under the impugned order of the Rent Authority. (2) Upon filing an appeal under subsection (1), the Rent Tribunal shall serve notice, along with a copy of memorandum of appeal to the respondent and fix a hearing not later than thirty days from the date of service of notice of appeal on the respondent and the appeal shall be disposed of within a period of sixty days from such date of service. (3) Where the Rent Tribunal considers it necessary in the interest of arriving at a just and proper decision, it may allow filing of documents at any stage of the proceedings in appeal: Provided that no such document shall be allowed more than once during the hearing. 7 All. Amit Gupta Vs. Gulab Chandra Kanodia 1217 (4) The Rent Tribunal may, in its discretion, pass such interlocutory order during the pendency of the appeal, as it may deem fit. (5) While deciding the appeal, the Rent Tribunal may, after recording reasons therefor, confirm, set aside or modify the order passed by a Rent Authority. (emphasis added) 22. Section 36 provides for execution of order under: "(1) The Rent Authority shall, on an application filed by any party, execute an order of a Rent Tribunal or any other order made under this Act, in such manner as may be prescribed, by- (a) delivering possession of the premises to the person in whose favour the decision has been made; or (b) attaching one or more bank accounts of the opposite party for the purpose of recovering the amount specified in such order; or (c) appointing any advocate or any other competent person including officers of the Rent Authority or local administration or local body for the execution of such order; or (d) attachment of salary and allowance of the opposite party; or (e) attachment and sale of the movable or immovable property of the opposite party. (2) The Rent Authority may take the help from the local police for for execution of the final orders: Provided that no applicant shall obtain help of the police unless he pays such costs as may be decided by the Rent Authority. (3) The Rent Authority shall conduct the execution proceedings, in relation to its order or an order of a Rent Tribunal or any other order passed under this Act, in a summary manner and dispose of the application for execution made under this section within a period of thirty days from the date of service of notice on the opposite party." 23. Section 38 bars jurisdiction of civil courts barred in respect of certain matters as under: "(1) Save as otherwise provided in this Act, no Civil Court shall entertain any suit or proceeding in so far as it relates to the provisions of this Act. (2) The jurisdiction of the Rent Authority shall be limited to tenancy agreement submitted to it as specified in the First Schedule and shall not extend to the question of title or ownership of premises." (emphasis added) 24. Section 42 gives overriding effect to the Tenancy Act as under: "The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law of the State of Uttar Pradesh for the time being in force." 25. Section 46 provides for repeal and saving clause as under: "(1) The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act no. 13 of 1972) and the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) 1218 INDIAN LAW REPORTS ALLAHABAD SERIES Ordinance, 2021 (U.P. Ordinance no. 3 of 2021) is hereby repealed. (2) Notwithstanding such repeal, all cases and other proceedings under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act no. 13 of 1972) pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the said Act of 1972 as if that Act had continued to be in force and this Act had not been promulgated. (3) All cases and proceedings relating to any dispute between a landlord and a tenant under any law other than the law repealed by sub-section (1) pending before the Civil Court or in appeal before any other Court on the date of commencement of this Act, in respect of the premises to which this Act applies, shall be continued before such Court and disposed of in accordance with such applicable law. (4) Notwithstanding such repeal anything done or any action taken under the Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance, 2021 (U.P. Ordinance no. 2 of 2021) and the Uttar Pradesh Regulation of Urban Premises Tenancy (Second) Ordinance, 2021 (U.P. Ordinance no. 3 of 2021) shall be deemed to have been done or taken under the corresponding provisions of this Act." (emphasis added) 26. The application clause vide section 1 of the new Tenancy Act, 2021 makes it applicable to the areas falling in municipalities, civil and industrial development authority areas including the areas covered under the U. P. (Regulation of Building Operations) Act, 1958 and the areas of housing schemes of U.P. Awas Ewam Vikas Parishad. Buildings are defined as premises vide section 2(c) above with exception to those referred under section 3 of the new Tenancy Act, 2021 except buildings let out for industrial use. 27. The new Tenancy Act, 2021 provides for constitution of Rent Authority and Tribunal for rent dispute resolution and so consequently bars jurisdiction of civil courts vide section 38. 28. The argument advanced by Mr. Tandon was that since section 42 does not refer to the small causes courts, so the suits pending before small causes courts and small causes revisions shall abate with the enforcement of the Tenancy Act. He had argued that on conjoint reading of sections 38, 42 and 46 it would lead to inevitable conclusion that the Amendment Act,1972 got impliedly repealed. 29. Before I proceed to examine these three sections I need to examine the scope of power that vests with the Rent Authority that is created first, to adjudicate upon the lis between lessor (landlord) and lessee(tenant). 30. Under the new Tenancy Act, 2021 much emphasis is upon written agreement vide section 4 that runs as under: " (1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing, which shall be informed to the Rent Authority by the landlord and tenant jointly, in the form specified in the First Schedule within a period of two months from the date of tenancy agreement: 7 All. Amit Gupta Vs. Gulab Chandra Kanodia 1219 Provided that in cases of residential tenancies for a period of less than twelve months, the landlord and tenant shall not be required to inform the Rent Authority about, such tenancy. (2) Where the landlord and the tenant fail to jointly inform the execution of the tenancy agreement referred to in subsection (1), the landlord and tenant shall separately inform the execution of tenancy agreement to the Rent Authority within a period of one month from the date of expiry of the period specified in sub-section (1). (3) Where, in relation to a tenancy created before the commencement of this Act,- (a) if an agreement in writing was entered into between the landlord and the tenant, they shall jointly present a copy thereof to the Rent Authority within three months of the commencement of this Act. (b) if no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy and present the same to the Rent Authority within three months of the commencement of this Act: Provided that where the landlord or the tenant fail to present jointly a copy of the tenancy agreement or fail to reach an agreement within specified period, such landlord and tenant shall separately file the particulars about such tenancy with the Rent Authority within one month from the date of expiry of period mentioned in clause (b) above, in the form specified in First Schedule. If the landlord has submitted his particulars within the specified period but tenant fails to submit such particulars, the landlord may file an application for eviction on this ground alone: Provided further that during such eviction proceedings, the Rent Authority shall, notwithstanding anything contained in this Act, decide interim rent payable by the tenant during such adjudication. (4) The State Government shall, put in place a digital platform in the Hindi or English language for enabling submissions of document in such form and manner as may be prescribed. (5) The Rent Authority shall, after receiving information about the execution of tenancy agreement along with the documents specified in the First Schedule, provide a unique identification number to the parties. (6) The terms of authorization of the property manager, if any, by the landlord to deal with the tenant shall be such as agreed to by the landlord and tenant in that behalf in the tenancy agreement. (7) The information provided under sub-sections (1), (2) and (3) shall be conclusive proof of the facts relating to tenancy and matters connected therewith, and in the absence of any statement of information, the landlord may file an application for eviction on this ground alone." (emphasis added) 31. The obligation cast upon the parties namely landlord and tenant, is to enter an agreement in writing and inform Rent Authority within two months of such agreement either jointly or separately, provided of course, tenancy is for a period of 12 months or more. In case of old/existing tenancies on the date of commencement of new Tenancy Act, 2021, parties are expected to enter an agreement in writing and inform the Rent Authority within three months of the commencement of the said Act and in case of existence of written agreement it is obligation cast upon 1220 INDIAN LAW REPORTS ALLAHABAD SERIES the parties to jointly present that to the Rent Authority. 32. The first proviso to section 4 (3) makes it obligatory upon the landlord to give particulars as per form prescribed in the First Schedule qua tenancy to Rent Authority within one month of the expiry of three months period referred to above in the event no agreement is entered in writing and in such an eventuality the tenant will also be required to give his particulars and in the event of failure on the part of the tenant in discharging his part of obligation, he will be liable to eviction. 33. So the question arises as to the tenancy where even land lord fails to discharge his part of obligation under the first proviso to section 4(3). The first proviso to section 4(1) leaves open for a tenancy of eleven months to continue without reporting any agreement in writing to the Rent Authority and further provisions relating to revision of rent under the Tenancy Act also provides for revision in respect of old existing tenancies. Reading all theses above provisions together one can safely conclude that in cases of no tenancy agreement and none of the parties furnishing any agreement, would lead to an inevitable conclusion that tenancy is either for less than 12 months or on month to month basis. Still further in the event landlord not furnishing his particulars of existing tenancy even after commencement of new Tenancy Act 2021, the Act is silent as to consequences. Again an inevitable conclusion would be, therefore, oral agreements of understanding for less than 12 months are protected under section 21 against the right of landlord to seek eviction. It would be worth producing section 21 and 22 here and are reproduced hereunder: '"21-(1) Protection of tenant against eviction.- (1) A tenant shall not be evicted during the continuance of tenancy agreement unless otherwise agreed to in writing by the landlord and tenant, except in accordance with the provisions of subsection (2) or in accordance with the provisions of section 22: Provided that where the landlord has acquired the premises by sale deed after the commencement of this Act and it was in the occupation of a tenant since before its purchase, no application for recovery of possession of such premises shall be made under this section unless a period of one years has elapsed from the date of such acquisition, or expiry of tenancy agreement executed in between the erstwhile landlord and the tenant, whichever is earlier: Provided further that after acquisition of the premises by the landlord under preceding proviso the landlord shall also intimate to the tenant in possession, within one month of such acquisition. (2) The Rent Authority may, on an application made to it by the landlord in such manner as may be prescribed, make an order for eviction and recovery of possession of the premises on one or more of the following grounds, namely:- (a) that the tenant does not agree to pay the rent payable under section 8; (b) that the tenant has not paid the arrears of rent and other charges payable in full as specified in sub-section (1) of section 13 for two consecutive months, including interest for delayed payment as may be specified in the tenancy agreement within a period of one month from the date of service of notice of demand for payment of such arrears of rent and other charges payable to the landlord: Provided that in relation to a tenant who is a member of the armed forces 7 All. Amit Gupta Vs. Gulab Chandra Kanodia 1221 of the Union and in whose favour the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 (Act No. 4 of 1925) has issued a certificate that he is serving under special conditions within the meaning of section 3 of that Act or where he has died by enemy action while so serving, then in relation to his heirs, the words "two months" in this clause shall be deemed to have been substituted by the words "one year"; (c) that the tenant has, after the commencement of this Act, parted with the possession of whole or any part of the premises without obtaining the written consent of the landlord: Provided that in case, the tenant is a firm, then in case Of change of proprietor or partners of firm or its nature of business, the prior endorsement of landlord has not been obtained in writing; (d) that the tenant has continued to misuse the premises even after receipt of notice from the landlord to desist from such misuse. Explanation.-For the purposes of this clause, "misuse of premises" means encroachment of additional space by the tenant or use of premises for a purpose other than the purpose permitted in the tenancy agreement or use of premises which causes public nuisance or causes damage to the property or is detrimental to the interest of the landlord or for immoral or illegal purposes; (e) where it is necessary for the landlord to carry out any repair or construction or rebuilding or addition or alteration or demolition in respect of the premises or any part thereof, which is not possible to be carried out without the premises being vacated: Provided that after such repair, construction, rebuilding, addition or alteration, the tenant may be allowed to reoccupy the premises only when it has been mutually agreed to between the landlord and the tenant and a new tenancy agreement has been submitted with the Rent Authority: Provided further that the tenant shall not be allowed to reoccupy the premises: (i) in the absence of submission of such mutual tenancy agreement with the Rent Authority; and (ii) in cases where the tenant has been evicted under the orders of a Rent Authority; (f) that the premises or any part thereof is required by the landlord for carrying out any repairs, construction, rebuilding, additions, alterations or demolition, for change of its use as a consequence of change of land use by the competent authority; Explanation:-For the purposes of this clause, the expression "competent authority" means the Municipal Corporation or the Municipality or the Development Authority or any other authority, as the case may be, which provides permission on matters relating to repair or redevelopment or demolition of building or permission for change in land use; (g) that the tenant has given written notice to vacate the premises let out on rent and in consequence of that notice the landlord has contracted to sell the said premises or has taken any other step, as a result of which his interests would seriously suffer if he is not put in possession of that premises; (h) that the tenant has carried out any structural change or erected any permanent structure in the premises let out on rent without the written consent of the landlord; 1222 INDIAN LAW REPORTS ALLAHABAD SERIES (i) that in violation of section 7, the tenant has sub-let whole or part of the premises held by him or has transferred or assigned his rights in the tenancy agreement or part thereof; (j) that where the tenancy stands determined by efflux of time; (k) that the tenant has allowed the premises to be occupied by any person who is not a member of his family; Explanation:-For the purposes of this clause, family means spouse, male lineal descendants, such parents, grandparents any unmarried, widowed, divorced, judicially separated daughter, daughter of a male descendant, or widowed daughter-in-law as may have been normally residing with him or her; (l) that the tenant has substantially removed his effects from the premises; (m) that the premises are required by landlord either in its existing form or after demolition and new construction thereof for the purpose of its occupation by landlord. (3) No order for eviction of the tenant on account of failure to pay the rent specified in clause (b) of sub-section (2) shall be made, if the tenant makes payment to the landlord or deposits with the Rent Authority the arrears of rent and other payable charges, if any, including interest within one month from the date of service of the said demand notice upon him. (4) Where the tenant fails to pay the rent consecutively for two months subsequent to the grant of the relief specified in sub-section (3) in any one year, then the tenant shall not be entitled to such relief again. (5) In any proceedings for eviction under clause (e) of sub-section (2), the Rent Authority may allow eviction from only a part of the premises, if the landlord agrees for the same." Section 22 - Eviction and recovery of possession of premises in case of death of the landlord- (1) (1) Notwithstanding anything contained in this Act or any other law for the time being in force, in case of death of the landlord, where there is a requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may file an application in this behalf for eviction and recovery of possession of the said premises before the Rent Authority in such form and manner, as may be prescribed. (2) The Rent Authority may, on an application made to it under sub-section (1), if it is satisfied that the legal heirs of the deceased landlord are in requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord. (emphasis added) 34. Section as quoted above protects tenant from eviction during continuation of tenancy agreement with exception to what is provided under section 22. However, a subsequent purchaser of the premises has a right to seek eviction after one year of such acquisition or on expiry of rent agreement whichever falls earlier and with notice to tenant in possession to be issued within one month of such acquisition. Subsection (2) provides for contingencies in which a landlord may apply for eviction. A careful reading of various clauses of subsection (2) it shows almost every eventuality has been covered to seek eviction of a defaulting tenant and need of the premises by landlord for occupation thereof. What is important to notice is clause (j) of subsection (2) as it refers to an eventuality of determination of 7 All. Amit Gupta Vs. Gulab Chandra Kanodia 1223 tenancy by efflux of time. This of course would cover the tenancies where term under written agreement has expired or for that matter 11 months unwritten tenancy. 35. There can equally be a claim of tenant to seek protection under section 112 to 114 A of relating to waiver of forfeiture, waiver of notice to quit, relief against forfeiture for non payment of rent, relief against forfeiture in certain cases of the of Transfer of Property Act 1882 and so provisions under new Tenancy Act, 2021 would certainly give way to central Act to the extent of repugnancy, as it occupies the field and would prevail by virtue of Article 254 of the Constitution until state legislates any amending law to modify Transfer of Property Act,1882 in its application to the state and such amending law gets Presidential assent. 36. Now the question arises for remedies. In matters of eviction both the old Rent Control Act and the New Tenancy Act have one thing common and that is designated prescribed authority/rent authority. However, under the old Act suits were maintainable in certain specified contingencies.