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2022 (4) TMI 1431 - SC - Indian LawsMaintainability of decree by the civil court - Applicability of for a period of ten years from the date of construction of the building - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - HELD THAT:- In OM PRAKASH GUPTA VERSUS DIG VIJENDRAPAL GUPTA [1982 (3) TMI 265 - SUPREME COURT], a question arose whether the Rent Act would be applicable to a building which was constructed prior to the applicability of the Rent Act and whether the exemption granted to newly constructed buildings would be available to such building. It was held that the Rent Act is not applicable to a building which does not have a standing for ten years, even if the building was constructed prior to the applicability of the State Urban Rent Act to the area in question. However, in a later judgment reported as Vineet Kumar v. Mangal Sain Wadhera [1984 (1) TMI 348 - SUPREME COURT], it was held that under the U.P. Rent Act, even if the suit was filed within the exemption period and if the decree is not passed, the decree would be not executable after the Rent Act will became applicable. A perusal of the said provisions goes to show that the tenant cannot be evicted except in accordance with the provisions of the said Act. Considering the said provisions, this Court in a judgment reported as Atma Ram Mittal v. Ishwar Singh Punia [1988 (8) TMI 426 - SUPREME COURT] held that if the suit has been filed within the exemption period of ten years, the decree could be executed. Under the Punjab Rent Act, the provision is explicit that no decree for eviction passed before or after the commencement of the Act can be executed whereas under the Haryana Rent Act, a tenant cannot be evicted except in accordance with the provisions of the Haryana Rent Act - Section 18 does not talk about the validity of any decree of the civil court but only restricts the jurisdiction of the civil court from the date the Act became applicable. The Act has come into force in respect of the premises in question on 11.5.2015 i.e., after the civil suit was filed, therefore, the decree could validly be passed and executed. After the applicability of the Act to the area in question, the landlord and tenant dispute can be raised only before the Rent Tribunal but not before the civil court. However, a suit filed before the civil court prior to the applicability of the Act has to be decided by the civil court. A decree passed by the civil court is valid and executable which is not interdicted by the applicability of the Act to the area in question. The Act is applicable to the area in question from the date the notification came into force and it does not bar the decree of the civil court or the pendency of such civil suit. There are no error in the order passed by the High Court - appeal dismissed.
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