Law Maker

Chapter VII Miscellaneous and Transitional Provisions

Section 39: Pending suits for eviction relating to buildings brought under regulation for the first time

The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (repealed)

Repealed in Uttar Pradesh by section 46(1) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act No. 16 of 2021), deemed in force from January 11, 2021, which provides that this Act "is hereby repealed", while section 46(2) keeps cases pending under it at that commencement to be decided under this Act.

How current this text is

Text as published by India Code for this Uttar Pradesh Act in its Uttarakhand collection (Department of Urban Development, file urban_buildings_(1).pdf), with amendments up to U.P. Act No. 17 of 1999; India Code has no Uttar Pradesh copy of this Act.

This Act was repealed in Uttar Pradesh by section 46 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, which saves the cases pending under it at the commencement of that Act; it is shown here for those cases and for study.

Amendments made by Uttar Pradesh after U.P. Act No. 17 of 1999, if any, are not shown in this copy.

The copy is a typed edition and its typing errors (for example "licnece" in the heading of section 2-A) are reproduced as printed.

Sections 24-A, 24-B and 24-C carry no marginal heading in this copy.

Marginal references to other enactments (for example "U.P. Act no. II of 1959") printed beside the text are not reproduced.

In Inder Bhushan Sawhney v. Kanchan Kumari Jain (Writ-A No. 13349 of 2024, 2026:AHC:177234-DB, decided on 21 August 2026), the Allahabad High Court, declaring parts of the 2021 Act ultra vires, held that this Act "would spring back to life, of its own to the extent required".

In any suit for eviction of a tenant from any building to which the old Act did not apply, pending On the date of commencement of this Act, where the tenant within one month from such date of commencement or from the date of his knowledge of the pendency of the suit, whichever be later, deposits in the court, before which the suit is pending, the entire amount of rent and damages for use and occupation (such damages for use and occupation being calculated at the same rate as rent) together with interest thereon at the rate of nine per cent per annum and the landlords full cost of the suit, no decree for eviction shall be passed except on any of the grounds mentioned in the proviso to sub-section (1) or in clauses (b) to (g) of sub-section (2) of section 20 and the parties shall be entitled to make necessary amendment in their pleadings and to adduce additional evidence where necessary :

Provided that a tenant the rent payable by whom does not exceed twenty-five rupees per month need not deposit any interest as afore- aid.

[* * *]1

Footnotes in the official text

  1. 1.Omitted and be deemed always to have boon omitted by section 8 of U. P. Act No. 37 of 1972.

Practise questions on Uttar Pradesh Local Laws