RAJ KUMAR SINGH Vs. B P C LTD

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition is directed against an order dated 15.9.1997 passed by the Rent Control and Eviction Officer, Kanpur Nagar rejecting an application under Section 29A (5) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred as the Act) for enhancement of rent.

(3.) Late Shyam Pratap Singh, father and predecessor-in-interest of the Petitioner, on his own behalf and also as the Karta of the Joint Hindu Family leased out an open piece land measuring about 18000 sq. ft. at Tilak Nagar in Kanpur City in favour of the erstwhile Burmah Shell Oil Storage and Distributing Company of India Ltd. through a registered lease deed dated 1.8.1966" for a period of 10 years renewable to a maximum period of 30 years with enhanced rent with permission to the lessee for erecting structures. The said Burmah Shell Oil Storage and Distributing Company subsequently was taken over with all assets and liabilities by the Respondent No. 1, which stepped in its shoes. The Respondents thereafter established a retail outlet over the leased land. The said maximum period of 30 years having expired on 30.6.1996 and when even after expiry of the 90 days fixed for removal of structures in the lease the Respondents did not lift their possession, the Petitioners sent a registered notice dated 12.12.1996 calling upon the Respondents to deliver the possession on expiry of the lease period in terms thereof. The Respondents replied to the said notice claiming protection under Section 29A of the Act. Confronted with the objection and the statutory protection against eviction, the Petitioner preferred an application under Section 29A (5) before the Respondent No. 5 which was registered as case No. 7 of 1997 for enhancement of rent on the basis of the market value of the land.