Saturday, March 4, 2023

The moratorium period having been passed- release application is maintainable.

U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972- Section 21(1)(a)-Release application-Maintainability of-Landlord, a subsequent purchaser moved application before completing six months after service of notice-Held, property was purchased by present landlord much earlier-Tenant had admitted himself as tenant of present landlord-Release application was filed in April, 2012 whereas the notice was sent by registered post on 8.3.2011 and delivered on 10.3.2011-No fault with the findings of Trial Court regarding service of notice-No objection as to the plea of six month's no- tice was taken by tenant in the objection/written statement-Tenant would be taken to have waived his right of protest-Moratorium of three years period had already expired as the property was purchased by present landlord in year 2001-Judgment of appellate court rejecting the release application as barred under section 21(1) of Act, 1972 set aside-Writ petition allowed

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