S My Car Nexa Pvt. Ltd v. Ashok Kumar Bansal)
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11501 of 2025 M/S My Car Nexa Pvt Ltd, Ashok Kumar Bansal Versus .....Petitioner(s) .....Respondent(s) Counsel for Petitioner(s) Counsel for Respondent(s) : Rahul Agarwal : Sudhanshu Kumar, Swapnil Kumar Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr Rahul Agarwal, learned counsel for the petitioner and Shri Swapnil Kumar, learned counsel for the respondent. 2. Brief facts of the case are that petitioner had entered into a lease with M/S Ashok Kumar Bansal HUF in respect of Premises No.86 of 275, Afeem Kothi, Kanpur Nagar, at a monthly rent of rupees 4.50 lacs payable to lassor. Petitioner came into possession of the property in pursuant to the least deed and duly discharged the monthly rent payable. Lessor filed an application dated 17.9.2024 before rent authority under section 21 of Uttar Pradesh Regulation of Urban Premises Tenancy Act 2021 (hereinafter referred to as the U.P. Act No.16 of 2021). The aforementioned proceeding was registered as Case No.6964 of 2024 before Rent Authority/ Additional District Magistrate (Urban Development), Kanpur Nagar. The Rent Authority passed the order on 24.3.2025 directed opposite party/petitioner to file written statement with all evidences by 9.4.2025. On 9.4.2025 petitioner filed application under section 31 of U.P. Act No. 16 of 2021 for settlement of dispute before the legal services authority. The Rent Authority vide order dated 09.04.2025 rejected the petitioner's 2 A227 No. 11501 of 2025 application for settlement and as a last opportunity, one week's time was granted to petitioner to file written statement. Petitioner preferred an appeal before Rent Tribunal against order dated 24.3.2025/ 9.4.2025 which was registered as Misc. Appeal number 112 of 2025. In aforementioned appeal an application dated 5.8.2025 was filed by respondent seeking direction to the petitioner to immediately file his written statement as directed by Rent Authority. Rent Tribunal vide order dated 14.8.2025 dismissed the Misc.Appeal No.112 of 2025 in absence of petitioner and maintained order dated 24.3.2025 and 9.4.2025 as well as directed the petitioner/applicant to file written statement in Case No.6964 of 2024 hence this petition filed for the following relief:- "(i). issue a suitable order or direction for setting aside the impugned order dated 14.08.2025 passed by Rent Tribunal/Additional District Judge-IX, Kanpur Nagar in Misc. Apepal N o.112 of 2025 (M/S My Car Nexa Pvt. Ltd. Vs. Ashok Kumar Bansal) (Annexure-1 to this petition)."
Legal Reasoning
6. There is no dispute about the fact that case under section 21 (2) of U.P. Act No.16 of 2021 filed by respondent is pending before the Rent Authority and vide order dated 24.3.2025/ 9.4.2025 Rent Authority has directed to defendant to file his written statement as well as entire evidence. There is also no dispute about the fact that appeal under section 35 of U.P. Act No.16 of 2021 filed by petitioner has been dismissed under the impugned order. 7. In order to appreciate the controversy involved in the matter, perusal of Sections 33 and 34 of U.P. Act No. 16 of 2021 will be relevant, which is as under:- "Section 33. Procedure to be followed in Rent Authority and Rent Tribunal 33. (1) Save as provided in this Act, nothing contained in the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) shall apply to the Rent Authority and Rent Tribunal, which shall be guided by the principles of natural justice and shall have power to regulate their own procedure in the following manner, namely:- 4 A227 No. 11501 of 2025 (a) the landlord or the tenant may file an application or appeal before the Rent Authority or Rent Tribunal, as the case may be, accompanied by affidavit and documents, if any; (b) the Rent Authority or Rent Tribunal, as the case may be, shall then issue notice to the opposite party, accompanied by copies of application or appeal, affidavit and documents; (c) the opposite party shall file a reply accompanied by affidavit and documents, if any, after serving a copy of the same to the applicant; (d) the applicant may file a rejoinder, ifany, after serving the copy to the opposite party; (e) the Rent Authority or Rent Tribunal, as the case may be, shall fix a date of hearing and may hold such summary inquiry as it deems necessary. (2) The Rent Authority or Rent Tribunal, as the case may be, shall endeavor to dispose the case as expeditiously as possible, not exceeding a period of more than sixty days from the date of receipt of the application or appeal: Provided that where any such application or appeal, as the case may be could not be disposed of within the said period of sixty days, the Rent Authority or Rent Tribunal, as the case may be, shall record its 5 A227 No. 11501 of 2025 reasons in writing for not disposing of the application or appeal within that period: (3) In every application or appeal, before the Rent Authority or Rent Tribunal, as the case may be, the evidence of a witness shall be given by affidavit:. Provided that the Rent Authority or Rent Tribunal, as the case may be, may where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, order attendance of such witness to be present for examination or cross-examination. (4) The provisions of the Code of Civil Procedure, 1908 (Act. no. 5 of 1908) regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent Authority or Rent Tribunal. In addition to the said mode of service, the service of notice to landlord or tenant may also be effected through e-mail, WhatsApp, SMS or other recognized electronic mode. (5) Every application or appeal shall be in such form as may be prescribed. (6) The Rent Authority or Rent Tribunal, as the case may be, shall not allow more than three adjournments at the request of a party throughout the proceedings and in case of reasonable and sufficient cause to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay a reasonable cost. (7) Every application under clauses (a), (b), (e),(f) and 6 A227 No. 11501 of 2025 (g) of sub-section (2) of section 21 or under section 22 shall be decided within ninety days from the date of filing of such application before the Rent Authority. (8) The Rent Authority shall decide every application filed under clause (c) and (d) of sub-section (2) of section 21 within thirty days from the date of filing of such application. . Section 34- Powers of Rent Authority and Rent Tribunal 34. (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 ex-parte; 7 A227 No. 11501 of 2025 (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 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 8 A227 No. 11501 of 2025 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 sèt 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." 8. Considering the provisions contained under section 33 and 34 of U.P. Act No.16 of 2021, no useful purpose will be served by remitting the matter before the appellate tribunal to decide appeal 9 A227 No. 11501 of 2025 filed by the petitioner afresh after affording opportunity of hearing to the petitioner/appellant rather matter should be sent back before the rent authority to decide the Case No. 6964 of 2024 under section 21 of U.P.Act No.16 of 2021 according to the provision contained under Sections 33 and 34 of U.P. Act No.16 of 2021. 9. Considering the facts and circumstances of the case, impugned order dated 14.8.2025 passed by appellate Tribunal in Misc. Appeal No.112 of 2025 is liable to be set aside and same is hereby set aside. The impugned orders dated 24.03.2025 & 09.04.2025 passed by rent authority, which were impugned in appeal No.112 of 2025 are also set aside. 10. The instant petition is allowed and the matter is sent back before Rent Authority to decide the Case No. 6964 of 2024 under Section 21 of U.P. Act No.16 of 2021, according to the provisions contained under sections 33 and 34 of U.P. Act No.16 of 2021. The rent authority shall decide the aforementioned proceeding expeditiously as provided under the U.P. Act No.16 of 2021. (Chandra Kumar Rai,J.) September 23, 2025 PS*/Vandana Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad
Arguments
3. Learned counsel for the petitioner submitted that in absence of appellant or his counsel, the appeal cannot be decided on merit as provided in the Code of Civil Procedure (hereinafter referred to as C.P.C.). He further submitted that impugned judgement/order dated 14.8.2025 passed by Rent Tribunal is in-violation of Order- 41 Rule-17 of C.P.C. and Section 34 of U.P. Act No.16 of 2021. He further submitted that no finding has been recorded that the plaintiff evidence had been served upon the petitioner herein. He further submitted that Rent Tribunal has not recorded any finding regarding service of plaintiff evidence. He further submitted that Rent Tribunal has erred in recording the finding that petitioner is interested to make delay the proceeding of rent case. He further 3 A227 No. 11501 of 2025 submitted that impugned judgement passed by Rent Tribunal should be set aside and petitioner's appeal should be decided afresh on merit. 4. On the other hand, learned counsel for the respondents submitted that there is no illegality in the order passed by Rent Authority as well as Rent Tribunal. He submitted that in order to decide the proceeding of rent Case No. 6964 of 2024 on merit the instant petiton be decided finally without inviting counter affidavit. 5. I have considered the arguments advanced by learned counsel for the parties and perused the record.