STATE OF U P Vs. BIBI RANI DUGGAL

JUDGEMENT

(1.) SINCE both these writ petitions arise out of the same impugned judgment and orders passed by the Prescribed Authority dated 6.1.1984/A.D.M. (Admn.) Dehradun in Case No. 11 of 1982 Smt. Bibi Rani Duggal V. State of U.P. and another as well as common judgment and order dated 6.1.1984 passed by the Additional District Judge Dehradun passed in Rent Control Appeal No. 23 of 1984 and Rent Control Appeal No. 45 of 1984 preferred against the impugned order dated 6.1.1984 by both the parties separately and as common questions are involved for determination in both the writ petitions, therefore, for the sake of convenience, they are being decided by this common judgment.

(2.) BY the judgment and order passed by the Additional District Judge Dehradun dated 4.7.1984 in Rent Control Appeal No. 23 of 1984 and Rent Control Appeal No. 45 of 1984 the appeal no. 45 of 1984 filed by the State was dismissed while the Appeal No. 23 of 84 preferred by the landlady Bibi Rani Duggal was allowed in part and the monthly rent of 'Rani Villa was fixed Rs. 2230/ -. Writ Petition No. 4005 of 2001 has been preferred by the landlady Smt. Bibi Rani Duggal against the same judgment and order dated 4.7.1984 aforesaid.

(3.) RELEVANT facts of the case are that Smt. Bibi Rani Duggal is the landlady of 'Rani Villasituate on Library kin -krag road in Mussoorie, which was let out to Divisional Forest Officer Yamuna Forest Division at annual rental of Rs. 1250/ - in the year 1975. Since then a long period has elapsed. Application was moved by the landlady for enhancing the rent at Rs. 3,333.34 per month in view of the market value of the disputed premises. Before the Prescribed Authority, the application was contested by the State on the ground that the condition of the premises was not good hence enhancement of rent was not justified.