Short Summary
The petitioner, a temple/trust entity, filed a petition under Article 227 of the Constitution challenging the order of the Rent Tribunal that set aside the Rent Authority's order allowing its impleadment in eviction proceedings under Section 21(2) of the U.P. Regulation of Urban Premises Tenancy Act, 2021. The petitioner had sought impleadment under Order I Rule 10 CPC to dispute the landlord's title over the premises. The Court held that proceedings under Section 21 of the Act are confined to adjudication of landlord-tenant disputes and cannot be expanded to adjudicate complex title questions, and dismissed the petition as devoid of merit.
Detailed Summary
The petitioner, Murti Markandeshwar Ji Maharaj Gopal Ki Bagiya City Jhansi, filed a petition under Article 227 of the Constitution of India before the High Court of Judicature at Allahabad, challenging the order dated 13.03.2026 passed by the Rent Tribunal in Rent Appeal No. 05 of 2026 (Smt. Jyoti Gangwani vs. Vinod Rawat & another). The respondents are Smt. Jyoti Gangwani and Another. The Rent Tribunal had allowed the appeal preferred by the respondent-landlord and set aside the order dated 14.08.2025 passed by the Rent Authority in Rent Case No. 110 of 2024, which had permitted the petitioner's impleadment under Order I Rule 10 of the Code of Civil Procedure in eviction proceedings initiated under Section 21(2) of the U.P. Regulation of Urban Premises Tenancy Act, 2021.
The petitioner sought impleadment in the rent proceedings claiming to be a third party with an independent title over the premises in question, essentially to dispute the ownership and title of the respondent-landlord. The Rent Tribunal held that proceedings under Section 21(2) of the Act of 2021 are confined to adjudication of landlord-tenant disputes and are limited to the grounds pleaded in support of eviction. The Tribunal concluded that the petitioner, being a third party asserting an independent title, was neither a necessary nor a proper party to the rent proceedings, and that title disputes fall wholly outside the scope of such proceedings.
The petitioner's counsel before the High Court was unable to dispute the settled legal position that proceedings under Section 21(2)(b) of the Act of 2021 do not contemplate adjudication of complicated questions relating to title or ownership, and that a third party claiming an independent right adverse to the landlord cannot insist upon being impleaded in eviction proceedings merely to canvass title questions.
The Court applied the settled legal position that the statutory scheme of the U.P. Regulation of Urban Premises Tenancy Act, 2021 confines proceedings under Section 21 to adjudication of disputes arising out of the jural relationship of landlord and tenant. The Court reasoned that questions relating to title or ownership cannot be raised through an application for impleadment under Order I Rule 10 CPC, as such adjudication lies beyond the statutory jurisdiction of the Rent Authority. A person claiming an independent right or title adverse to the landlord cannot enlarge the scope of eviction proceedings or invite the Rent Authority to adjudicate ownership disputes; such disputes must be agitated before the competent civil court.
The Court further noted that the supervisory jurisdiction under Article 227 is confined to ensuring that subordinate courts and tribunals act within their jurisdiction, and interference is not warranted unless the impugned order suffers from patent lack of jurisdiction, manifest perversity, or an error apparent resulting in grave miscarriage of justice. Finding no such infirmity in the impugned order, the Court held that the Rent Tribunal had correctly appreciated the nature and scope of proceedings under the Act of 2021. The petition was dismissed as devoid of merit.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in other matters before Allahabad High Court. Understanding the court's reasoning in Murti Markandeshwar Ji Maharaj Gopal Ki Bagiya City Jhansi vs Smt. Jyoti Gangwani And Another is valuable context for structuring arguments or assessing risk in similar proceedings.
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