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Tenant eviction under Uttar Pradesh unban tenancy act 2021


30-Aug-2026 (In Property Law)
Hi My tenant is not vacating my residential LDA house who is living in it since Dec 2022. I have served him legal notices too to vacate. Finally the rent agreement also expired in July this year. We have filed the case under the 2021 model tenancy act but a recent allahabad high court judgement has put us in jeopardy specifically https://knnindia.co.in/news/newsdetails/sectors/allahabad-hc-strikes-down-key-provisions-of-up-tenancy-act-cites-conflict-with-tpa (see section 38 and 42)
Answers (2)

Answer #1
785 votes
you can file a suit for eviction under the rent control act with all the relevant proof which has been struck down by the allahbaf high court so see key positions in the courts you may have to file the slp
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Advocate Spiti Sarkar

Adv. Spiti Sarkar

LawRato Greater Noida | 700+ Answers
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Answer #2
894 votes
Since the lease has expired and notice was served, the tenancy is legally terminated. Even with the Allahabad High Court striking down specific provisions of the UP Regulation of Urban Premises Tenancy Act, your claim for possession remains valid under general civil law. To safeguard your position, instruct your advocate to amend your petition or file a civil suit for eviction and mesne profits under the Transfer of Property Act, 1882. Additionally, claim market-rate damages for illegal occupation post-notice. Have your lawyer assess whether to transfer the case to a standard civil court based on the ruling.
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Advocate Hariom Dubey

Adv. Hariom Dubey

LawRatoVaranasi / Banaras | 25+ Answers
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