STATE OF U P Vs. GOVINDI DEVI

JUDGEMENT

(1.) A. K. Yog. J. Present petitioner is the tenant on agreed rent at the rate of Rs. 600 per month of premises No. 19-B, Kalidas Road, Dehradun on the basis of admitted registered lease deed. A notice was given by the landlord to enhance rent as contemplated under Section 21 (8), U. P. Act No. XIII of 1972 (called 'the Act*) and thereafter an application under the Act praying for fixing rent (Annexure 3 to the Writ Petition) was filed before District Magistrate, Delegated Authority. The tenant-petitioner filed written statement. Parties led evidence as they desired.

(2.) THE Prescribed Authority vide judgment and order dated 22-12- 1983 (Annexure 6 to the Writ Petition) allowed the application of the landlord. THE Delegated Authority A. D. M. (Admin), Dehradun, after considering relevant evidence in view of the ingredients of Section 21 (8) of the Act, found that rent was to be enhanced in view of the valuation of the premises in ques tion i. e. was Rs. 1,88,000 and on that basis held that landlord was entitled to rent of Rs. 1,566. 60, this is w. e. f. 1-11-1979.

(3.) THE learned Standing Counsel ar gued that application under Section 21 (1) (a) of the Act was not maintainable inas much as U. P. Act No. XIII of 1972 is not applicable to the premises in question. He, however, conceded that no such plea finds place in the written statement; copy of which has been annexed as Annexure 4 to the Writ Petition. Learned Standing Counsel also admitted on question being put by the Court that there is no discussion on the points in any of the judgment passed by the District Magistrate or the Appellate Authority. Apparently no such pi urged and pressed and impugned order as such cannot be faulted or interfered with now.