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Order VII Rule 11 CPC Not Available In UP Tenancy Act Proceedings; Objections Must Be Raised In Reply: Allahabad High Court
['Upasna Agrawal']
Supreme Court - High Court - Legal Breaking News | Live Law India
Regulation of Urban Premises Tenancy Act, 2021.
Section 33 of the Tenancy Act provides that, save as otherwise provided in the Act, CPC shall not apply to proceedings before the Rent Authority or the Rent Tribunal.
Petitioner-tenant was facing an eviction application instituted by the respondent-landlord before the Rent Authority under Section 21(2) of the Act.
Rejecting the contention, the Court held that the Rent Authority draws its jurisdiction from the statute and not from any agreement between the parties.
The Court held that no provision of the Act confines the landlord's remedy to a tenancy evidenced by a written agreement.