25. Prohibition of sub-letting -

(1) No tenant shall subject the whole of the building under his tenancy.

(2) The tenant may with the permission in, writing of the landlord and of the District Magistrate, sub-let a part of the building.

Explanation-

For the purposes of this section-

(i) where the tenant ceases, within the meaning of clause (b) of subsection (1) or sub-section (2) of section 12, to occupy the building or any part thereof he shall be deemed to have sub-let that building or part ;

(ii) lodging a person in a hotel or a lodging house shall not amount to subletting.

26. Certain obligations of the landlord and tenant -

(1) No landlord shall without lawful authority or excuse cut off, withholds or reduces any of the amenities enjoyed by the tenant. 

(2) The landlord shall be bound to keep the building under tenancy windproof and water-proof and, subject to any contract in writing to the contrary, carry out periodical white-washing and repairs.

(3) Subject to any contract in writing to the contrary, no tenant shall, whether during the continuance of the tenancy or after its determination, demolish and improvement effected by him in the building or remove any material used in such improvement, other than any fixtures of a movable nature.

[Explanation—

The expression ‘material used in such improvement’ includes the writing of an electrical fitting or a pipe pertaining to any water connections.]1

(4) The landlord shall give to the tenant a receipt for rent payable to and received by him.

1. Added by section 17 of UP Act No 28 of 1976.

27. Enforcement of landlord’s obligation regarding amenities -

(1) The prescribed authority may, on an application of the tenant, serve upon the landlord a notice requiring him, within such period, not exceeding one week, as may be specified m the notice to restore any amenity alleged to have been cut-off, withheld or reduced in contravention of sub-section (1) of section 26 or to show cause why an order under this section be not passed against him.

(2) If the landlord fails to restore the amenity within the said period, or to show sufficient cause, the prescribed authority may by order permit the tenant, have the amenity restored at his cost, and there-upon the tenant shall be entitled to recover such cost as may be incurred by him in pursuance of the order, by deduction from the rent payable to the landlord, after furnishing to him the account of the expenditure, and nothing in section 6 shall be deemed to apply to such cost.

28. Enforcement of landlord’s obligation regarding repairs etc. -

(1) If the landlord fails to carry out white-washing or repairs as required by sub-section (2) of section 26, the tenant may, by notice in writing, call upon him to carry out the same within one month from the date of service of such notice.

(2) Where the cost of the requisite white-washing or repairs is likely to exceed the amount of [two months rent] 2 in a year, then the tenant in his notice shall also intimate to the landlord his willingness to pay enhanced rent in accordance with the provisions of section 6.

[***]3

(3) If the landlord fails to comply with the notice, the tenant may himself carry out the white-washing or repairs at a cost not exceeding [two month's rent] 4 in a year and deduct the amount from the rent, and in any such case he shall furnish the account of the expenditure incurred to the landlord.

(4) Where the tenant claims that the building requires whit-washing or repairs to such extent that the cost thereof is likely to exceed the amount of [two month's rent]5 in a year, hereinafter in this section referred to as "major repairs", and the landlord either declines his responsibility to carry out the same or fails to comply with the notice, the tenant may apply to the prescribed authority for an order under sub-section (5).

(5) The prescribed authority on receiving an application under sub-section (4) may, after giving an opportunity of hearing to the parties-

(a) either reject the application; or

(b) require the landlord to carry out the requisite major re-pairs within such period as may be specified in the order, and on his failure to do so, permit the tenant to carry out those repairs at a cost not exceeding such amount (which shall not be more than the amount of two years rent) and within such period as may be specified in the order.

(6) Where in pursuance of an order under sub-section (5) any major repairs are carried out by the tenant, he shall furnish an account of the expenditure to the prescribed authority, which shall certify the amount recoverable by the tenant, and thereupon such amount, unless paid or otherwise adjusted by the landlord, may be deducted by the tenant from the rent in monthly installments not exceeding twenty five per cent of one month's rent, and in any such case, the enhancement of rent under section 6 shall come into effect only from the month following the month in which the cost is fully recovered by the tenant.

(7) No appeal or revision shall lie from any order of the prescribed authority under sub-section (5) or sub-section (6), which shall be final.

2. Substituted by section 18 (i) (a) ibid.

3. Omitted by section 18 (i) (b) ibid.

4. Subs. by section 18 (ii) ibid.

5. Subs. by section 18 (iii) ibid.

28-A. [Alteration and improvement not to be made by sub-tenant -

Nothing in section 6 or clause (c) of sub-section (2) of section 20, or subsection (3) of section 26 shall be construed to confer on any sub-tenant a right to make any alteration or improvement in ay building otherwise than in accordance with the terms of the tenancy.

28-B. Tenancy right to get water connection and sanitary fittings installed -

Notwithstanding anything contained in any law for the time being in force relating to a local authority, the tenant (including a sub-tenant) shall have the right to get water connection, electric connection and sanitary fittings installed in the building under his tenancy at his own cost, and the provisions of sub-section (3) of section 26 shall apply in relation to every such installation.]1

1. Added by section 19 of UP Act No 28 of 1976.

29. Special protection to tenants of buildings destroyed by collective disturbances, etc. -

(1) Where in consequence of the commission of mischief or any other offence in the course of collective disturbances, any building under tenancy is wholly or partly destroyed the tenant shall have the right to re-erect it wholly or partly as the case may be, at his own expenses within a period of six months from such injury:

Provided that if such injury was occasioned by the wrongful ad or default of the tenant he shall not be entitled to avail himself of the benefit of this provision.

(2) Where in consequence of fire, tempest, flood or excessive rain-fall, any building under tenancy is wholly or partly destroyed the tenant shall have the right to re-erect or repair it wholly or partly, as the case may be, at his own expense after giving a notice in Writing to the landlord within a period of one month from such injury: 

Provided that the tenant shall not be entitled to avail himself of the benefit of this provision---

(a) if such injury was occasioned by his own wrongful act of default; or

(b) in respect of any re-erection or repair made before he had given a notice as aforesaid to the landlord or before the expiration of a period of fifteen days after such notice, or if the landlord in the meantime makes an application under section 21; before the disposal of such application; or

(c) in respect of any re-erection or repair made after the expiration of a period of six months from such injury of if the land-lord has made any application as aforesaid from the disposal thereof.

(3) Where the tenant, before the commencement of this Act, has made any re erection or repair in exercise of his rights under section 19 of the old Act, or after the commencement of this Act makes any re- erection in the exercise of his right under sub-section (1) or sub-section (2),-

(a) the property so re-erected or repaired shall be comprised in the tenancy;

(b) the tenant shall not be entitled, whether during the tenancy or after its determination, to demolish the property or parts so erected or repaired or to remove any material used therein other than any fixtures of a movable nature;

(c) Notwithstanding, anything contained in sub-section(2) of section 2, the provisions of this Act shall apply to the building so re-erected :

Provided that no application shall be maintain the under section 21 in respect of any such building on the ground mentioned in clause (b) of sub-section- (1) thereof within a period of three years from the completion of such re-erection.

29-A. [Protection against eviction to certain classes of tenants of land on which building exists -

(1) For the purposes of this section, the expressions ‘tenant’ and ‘landlord’ shall have the meanings respectively assigned to them in clauses (a) and (j) of section 3 with the substitution of the work ‘land’ for the word ‘building’.

(2) This section applies only to land let out, either before or after the commencement of his section, where the tenant, with the landlord’s consent has erected any permanent structure and incurred expenses in execution thereof.

(3) Subject to the provisions hereinafter contained in this section, the provisions of section 20 shall apply in relation to any land referred to in subsection (2), as they apply in relation to any building.

(4) The tenant of any land to which this section applies shall be liable to pay to the landlord such rent as may be mutually agreed upon between the parties, and tin the absence of agreement, the rent determined in accordance with sub-section (5).

(5) The District Magistrate shall on the application of the landlord or the tenant determine the annual rent payable in respect of such land at the rate of ten per cent per annum of the prevailing market value of the land and such rent shall be payable, except as provided in sub-section (6) from the date of expiration of the term for which the land was let or from the commencement of his section, whichever is later.

(6) (a) In any suit or appeal or other proceeding pending immediately before the date of commencement of this section, no decree for eviction of a tenant from any land to which this section applies, shall be passed or executed except on one or more of the grounds mentioned in sub-section (2) of section 20, provided the tenant, within a period of three months from the commencement of his section by an application to the court, unconditionally offers to pay to the landlord, the enhanced rent of the land for the entire period in suit and onwards at he rate of ten per cent per annum of the prevailing market value of the land together with costs of the suit (including costs of any appeal or of any execution or other proceedings);

(b) In every such case, the enhanced rent shall, notwithstanding anything contained in sub-section (5), be determined by the court seized of the case at any stage;

(c) Upon payment against a receipt duly signed by the plaintiff or decree holder or his counsel or deposit in court of such enhanced rent with costs as aforesaid being made by the tenant within such time as the court may fix in this behalf, the court shall dismiss the suit, or as the case may be, discharge the decree for eviction, and the tenancy thereafter, shall continue annually on the basis of the rent so enhanced;

(d) If the tenant fails to pay the said amount with the time so fixed (including any extended time, if any, that the court may fix or for sufficient cause allow) the court shall proceed further in the case as if the foregoing provisions of this section were not in force.

(7) The provisions of this section shall have effect, notwithstanding anything to the contrary contained in any contract or instrument or in any other law for the time being in force.

Explanation—

For the purposes of sub-section (6) where a case has been decided against a tenant by one court and the limitation for an appeal therefrom has not expired on the date immediately before the commencement of his section, this section shall apply as it applies to pending proceedings, and the tenant may apply to that court for a review of the judgment in accordance with the provisions of this section.]1

1. Section 29-A added by section 20 of UP Act No 28 of 1976.

30. Deposit of rent in court in certain circumstances -

(1) If any person claiming to be a tenant of a building tenders any amount as rent in respect of the building to its alleged landlord and the alleged landlord refuses to accept the same then the former may deposit such amount in the prescribed manner and continue to deposit any rent which he alleges to be due for any subsequent period in respect of such building until the landlord in the meantime signifies by notice in writing to the tenant his willingness to accept it.

(2) Where any bona fide doubt or dispute has arisen as to the person who is entitled to receive any rent in respect of any building, the tenant may likewise deposit the rent stating the circumstances under which such deposit is made and may, until such doubt has been removed or such dispute has been settled by the decision of any competent Court or by settlement between the parties, continue to deposit the rent that may subsequently become due in respect of such building. 

(3) The deposit referred to in sub-section (1), or sub-section (2) shall be made in the Court of the Munsif having jurisdiction.

(4) On any deposit being made under sub-section (1), the Court shall cause a notice of the deposit to be served on the alleged landlord, and the amount of deposit may be with drawn by that person on application made by him to the Court in that behalf.

(5) On a deposit being made under sub-section (2), the Court shall cause notice of the deposit to be served on the person or persons concerned and hold the amount of the deposit for the benefit of the person who may be found entitled to it by any competent Court or by a settlement between the parties, and the same shall be payable to such person.

(6) In respect of a deposit made as aforesaid, it shall be deemed that the person depositing it has paid it on the date of such deposit to the person in whose favour it is deposited in the case referred to in sub-section (1) or to the landlord in the case referred to in sub-section (2).