STATE BANK OF INDIA Vs. KUNDAN SINGH

JUDGEMENT

(1.) ENHANCEMENT of rent and its recovery from the petitioners, therefore, for the sake of convenience, both the writ petitions are being decided by this common order.

(2.) WRIT Petition No. 2823 of 2001 (M/S) has been filed by the petitioners for quashing the impugned orders dated 23-2-2000 passed by the Additional District Judge Udham Singh Nagar in Rent Control Appeal No. 9 of 1999 and order dated 13-10-1999 passed by the Prescribed Authority / Sub-Divisional Officer, Rudrapur, Udham Singh Nagar in Case No. 51/4 of 1990-91. By the order dated 13-10-1999, the Prescribed Authority has allowed the application moved by the landlord under S.21(8) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) and fixed the rent of the disputed building @ Rs. 7,000/- per month. The tenant - opposite party was directed to pay the rent at the said rate to the applicant from the date of application. By the judgment and order dated 23-2-2000, the appeal of the petitioners was dismissed by the Additional District Judge.

(3.) RELEVANT facts, giving rise to the present writ petition (WPMS No. 2823 of 2001) in brief are that the State Bank of India Kichha was tenant of a portion of the building belonging to the respondent No. 1 Kundan Singh on the basis of agreement and the rent was agreed at Rs. 1200/- per month from 28-11-1975. The carpet area of the building was enhanced to 5000 sq. ft. at the request of the petitioner - Bank. Subsequently, the rent was enhanced to Rs. 2000/-per month w.e.f. 23-4-1982 though the same should have been enhanced from 29-12-1980. The landlord - respondent moved an application before the Prescribed Authority under S.21(8) of the Act alleging therein that the valuation of the disputed building has been determined by an authorized Architect to be Rs. 11.58 lacs and as per provisions of the Act, the monthly rent of the building may be fixed at Rs. 9,650/-to which the landlord - respondent is entitled to get from the tenant - Bank.