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Chapter VII Miscellaneous and Transitional Provisions

Section 43: Repeal and saving

The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (repealed)

Repealed in Uttar Pradesh by section 46(1) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act No. 16 of 2021), deemed in force from January 11, 2021, which provides that this Act "is hereby repealed", while section 46(2) keeps cases pending under it at that commencement to be decided under this Act.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This Act was repealed in Uttar Pradesh by section 46 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, which saves the cases pending under it at the commencement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

(1) The United Provinces (Temporary) Control of Rent arid Eviction Act, 1947, is hereby repealed.

(2) Notwithstanding such repeal -

(a) any application or proceeding pending immediately be-

fore the commencement of this Act before the District Magistrate under section 3 of the old Act shall stand transferred to the prescribed authority having jurisdiction and shall be deemed to be an application or proceeding under section 21 of this Act and shall be disposed of in accordance with the provisions of this Act;

(b) any application or proceeding pending immediately before the commencement of this Act before the District Magistrate under section 7 of the old Act Or under rule 6 of the Control of Rent and Eviction Rules, 1949, made under section 17 of the old Act shall be disposed of by him in accordance with the provisions of sections 16 and 17 of this Act;

(c) any proceeding under section 3-A or section 5-A of the old Act pending immediately before the commencement of this Act before the District Magistrate shall be disposed of by the District Magistrate, and any proceeding under section 7-D thereof so pending shall stand transferred for disposal to the prescribed authority, and the decision of the District Magistrate or the prescribed authority shall be deemed to be a decision under section 8, section 9 or section 27, as the case may be, and in the first and second mentioned eases, be subject to appeal accordingly;

(d) the provisions of section 39 shall mutatis mutandis to every proceeding under section 7-B of the old Act pending on the date of commencement of this Act in respect of a building in the same manner as it applies to the buildings to which the old Act was not applicable 1[and subject thereto, such proceedings shall be continued and concluded [in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force]2.]

(e) any proceeding pending immediately before the commencement of this Act in the court of Munsif under section 7-C of the old Act shall be continued and concluded [in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force;]3

(f) any proceeding pending immediately before the commencement of this Act in the court of Munsif under section 7-E of the old Act shall be deemed to be a proceeding under section 28 of this Act and shall stand transferred for disposal to the prescribed authority;

(g) any suit for fixation of rent pending immediately before the commencement of this Act in the court of Munsif or Civil Judge under sub-section (4) of section 5 of the old Act shall be decided by that court aid the rate of rent in respect of the period prior to the commencement of this Act shall be fixed in accordance with the old Act and in respect of any sub-sequent period, be fixed in accordance with this Act;

(h) any court or authority before which any suit or other proceeding relating to the recovery or determination or fixation of rent of, or eviction from, any building is pending immediately before the commencement of this Act may, on an application being made to it within sixty days from such commencement, grant leave to any party to amend its pleading in consequence of the provisions of this Act.

(i) any order passed by the District magistrate before the commencement of this Act, granting or refusing to grant permission under section 3 of the old Act, against which no revision has been filed shall---

(1) if such order was made more than thirty days before the commencement of this Act, be final;

(2) in any other case, be subject to an appeal to the District Judge, which may be filed within sixty days from the commencement of this Act, and decision of the District Judge, shall be final;

(j) any order passed by the District Magistrate, permitting refusing to permit the landlord to occupy a building under rule 6 of the Control of Rent and Eviction Rules, 1949, made under section 17 of the old Act, against which no revision has been filed, shall----

(1) if such order was made more than thirty days before the commencement of this Act, be final;

(2) in any other case, be subject to an appeal to the District Judge which may be filed within sixty days from the commencement of this Act, and the decision of the District -Judge shall be final ;

(k) any order passed by the District Magistrate, before the commencement of this Act under sub-section (2) of section 7 or under section 7-A of the old Act against which no revision has been filed shall-

(1) if such order was made more than thirty days before the commencement of this Act, be final;

(2) in any other case, be subject to an appeal to the District Judge, which may he filed within sixty days from the commencement of this Act, and the decision of the District Judge shall be final;

(l) any order passed by the District Magistrate granting or refusing to grant permission under section 3 of the old Act and confirmed, modified or reversed by the Commissioner under sub-section (3) of that section and in respect of which no revision has been filed to the State Government under section 7-F of the old Act before the commencement of this Act, shall be final;

(m) any revision relating to the grant of permission under section 3 of the old Act pending immediately before the commencement of this Act before the Commissioner shall stand transferred to the District Judge, and his decision shall be final;

(n) any revision pending immediately before the commencement of this Act before the Commissioner under sub-section (4) of section 7-A of the old Act shall be decided by him, and his order thereon shall be final;

(o) any revision under section 7-F of the old Act pending immediately, before the commencement of this Act before the State Government against any order of the Commissioner passed under sub-section (3) of section 3 or sub-section (4) of section 7-A of the old Act shall be disposed of by the Stale Government [and its decision shah be final.]4

(p) any revision under section 7-F of the old Art pending immediately before the commencement of this Act before the State Government against an order of the District Magistrate passed under section 7-A of the old Act against which no revision has been filed before the Commissioner or against an order under sub-section (2) of section 7 of the old Act or an order permitting or refusing to permit the landlord to occupy a building under rule 6 of the Control of Rent and Eviction Rules, 1949, made under section 17 of the old Act, [shall be disposed of by the State Government and its decision shall be final]4 ;

[(pp) the provisions of section 34 shall mutatis mutandis apply to every revision referred to in the foregoing clauses;]5

(q) the provisions of section 18 shall mutatis mutandis apply in relation to all appeals filed before the District Judge, under clause (i), clause (j) or clause (k) and all revisions transferred to him under clause (m) [***]6

(r) any suit for the eviction of a tenant instituted with the permission referred to in section 3 of the old Act or any proceeding arising out of such limit, pending immediately before [the commencement of the Uttar Pradesh Civil Laws Amendment Act, 1972]7 may be continued and concluded [in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force;]8

[***]9

[(rr) where any permission referred to in section 3 of the old Act has been obtained on any ground specified in sub-section (1) or sub-section (2) of section 21, and has become final, either before the commencement of this Act, or in accordance with the provisions of this sub-section, after the commencement of this Act, [whether or not a suit for the eviction of the tenant has been instituted,]10 the landlord may apply to the prescribed authority for his eviction under section 21, and thereupon the prescribed authority shall order the eviction of the tenant from the building under tenancy, and it shall not be necessary for the prescribed authority to satisfy itself afresh as to the existence of any ground as aforesaid, and such order shall be final and shall not be open to appeal under section 22]11:

[Provided that no application under this clause shall be maintainable on the basis of a permission granted under section 3 of the old Act, where such permission became final more than three years before the commencement of this Act:

Provided further that in computing the period of three years the time during which the applicant has been prosecuting with due diligence any civil proceeding whether in court of first instance or appeal or revision shall be excluded.]12

(s) any suit for the eviction of a tenant instituted on any ground mentioned in sub-section (1) of section 3 of the old Act, or any proceeding out of such suit (including any proceeding for the execution of a decree passed on the basis of any agreement, compromise or satisfaction), pending immediately before the commencement of this Act, may be continued and concluded [in accordance with the old Act which shall, for that purpose, be deemed to continue to be in force;]13

(t) any decision of the District Magistrate, the prescribed authority, the District Judge, the Commissioner or the State Government under the foregoing clauses may be enforced, whenever necessary, in like manner as if it were an order of the competent authority under the corresponding provisions of this Act.

Footnotes in the official text

  1. 1.Inserted and be deemed always to have been inserted by section 8 of U. P. Act No. 37 of 1972.
  2. 2.Substituted by section 23 (i) of U.P. Act No. 28 of 1976.
  3. 3.Substituted by section 23 (ii) of U.P. Act No. 28 of 1976.
  4. 4.Substituted and be deemed to have been substituted by section 8 of U. P. Act No. 37 of 1972.
  5. 5.Added by section 23 (iii) of U.P. Act No. 28 of 1976.
  6. 6.Omitted by section 7(i) of president's Act No. 19 of 1973 which was reenacted with modifications by U. P. Act No. 30 of 1974.
  7. 7.Subs. by section 7(ii) of U.P. Act No. 19, 1973.
  8. 8.Subs. by section 23 (iv) of U.P. Act No. 28, 1976.
  9. 9.Omit. by section 8 0f U.P. Act No. 37 of 1972.
  10. 10.Subs. by section 23(v)(1) ibid.
  11. 11.Inserted and be deemed always to have been inserted by section 8 ibid. 1972
  12. 12.Subs. by section 23(v)(2) ibid.
  13. 13.Subs. by section 23(vi) ibid.

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