Section 20 in The U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
20. Bar of suit for eviction of tenant except on specified grounds.
(1)Save as provided in sub-section (2), or in clause (r) of subsection (2) of section 4a, no suit shall be instituted for the eviction of a tenant from a building, notwithstanding the determination of his tenancy by on the expiration of a notice to quit or in any other manner :Provided that nothing in this sub-section shall bar a suit for the eviction of a tenant on the determination of his tenancy by efflux of time where the tenancy for a fixed term was entered into by or in pursuance of a compromise or adjustment arrived at with reference to a suit, appeal, revision or execution proceeding. which is either recorded in court o otherwise reduced to writing and signed by the tenant.(2)A suit for the eviction of a tenant from a building after the determination of his tenancy may be instituted on one or more of the following grounds, namely : -(a)that the tenant is in arrears of rent for not less than four months. and has failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand:Provided that in relation to a tenant who is a member of the armed forces of the Union and in whose favour the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 has issued a certificate that he is serving under special conditions within the meaning of section 3 of that Act or where he has died by enemy action while so serving, then in relation to his heirs, the words "four months" in this clause shall be deemed to have been substituted by the words "one year";(b)that the tenant has wilfully caused or permitted to be caused substantial damage to the building;(c)that the tenant has without the permission in writing of the landlord made or permitted to be made any such construction or structural alteration in the building as is likely to diminish its value or utility or to disfigure it ;(d)that the tenant has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the building, or has without the consent in writing of the landlord used it for a purpose other than such purpose, or has been convicted under any law for the time being in force of an offence of using the building or allowing it to be used for illegal or immoral purposes;(e)that the tenant has sub-let, in contravention of the provisions of section 25, or as the case may be, of the old Act, the whole or any part of the building;(f)that the tenant has renounced his character as such or denied the title of the landlord, and the latter has not waived his right of reentry or condoned the conduct of the tenant ;(g)that the tenant was allowed to occupy the building as part of his contract of employment under the landlord, and his employment, has ceased.(3)In any suit under sub-section (2), the tenant shall, at or before the first hearing of the suit, deposit the entire amount of rent or damages for use and occupation admitted by him to he due, and thereafter throughout the continuance -of the suit, deposit regularly the amount of monthly rent or damages for use and occupation due at the rate of rent admitted by him, and in the event. 'of any default in this regard, the court may, unless after considering any representation made by him in that behalf it allows him further. time, on security being furnished for that amount., refuse to entertain any defence or, as the case may be, strike off his defence.(4)In any suit for eviction on the ground mentioned in clause (a) of sub-section (2), if at the first hearing of the suit the tenant unconditionally pays or tenders to the landlord the entire amount of rent and damages for use and occupation of the building due from him 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' costs of the suit in respect thereof, after deducting therefrom any amount already deposited by the tenant under sub-section (1) of section 30, the court may, in lieu of passing a decree for eviction on that ground, pass an order relieving the tenant against his liability for eviction on that ground :Provided that nothing in this sub-section, shall apply in relation to a tenant who or any member of whose family has built or has otherwise acquired in a vacant state, or has got vacated after acquisition. any residential building in the same city, municipality, notified area or town area.(5)Nothing in this section shall affect the power of the court to pass a decree on the basis of an agreement, compromise or satisfaction recorded under rule 3 of Order XXIII of the First Schedule to the Code of Civil Procedure, 1908.(6)In the Provincial Small Cause Courts Act, 1887, in the second schedule, in entry no. (4) the following shall be inserted at the end, namely-"But not including a suit by a landlord for the eviction of a tenant (after the determination of his tenancy) from a building as defined in the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972."
