VINAY KUMAR SHUKLA Vs. DISTRICT SUPPLY OFFICER

JUDGEMENT

(1.) Petitioner is the landlord of the land which he let out to Lakhpat Ram and permitted him to construct a building on payment of Rs. 170/- per annum as rent. On 29-7-1976 the Petitioner made an application before the Rent Control and Eviction Officer under Section 29A of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) for enhancement of rent. The Respondent, tenant contested the application and asserted that since the rent of the land was mutually agreed upon between the parties there could be no enhancement. The Rent Control and Eviction Officer by his order dated 14-4-1978 rejected the Petitioner's application. Aggrieved the Petitioner has challenged that order by means of this writ petition under Article 226 of the Constitution.

(2.) Learned Counsel for the Petitioner urged that the landlord was (sic) enhancement of rent under (sic) 'A' of the Act, We find (sic) to accept the contention Section 29A protects a tenant (sic) building may be (sic) enhancement of rent. (sic) to whom the land may have (sic) either [before or after the (sic) of Section 29-A is liable (sic) Section 29-A lays down (sic) of any land over which he (sic) have constructed building with the (sic) the landlord shall be liable (sic) agreed between the parties (sic) absence of agreement the (sic) to pay be tent as (sic) in accordance with sub-sec-(sic) Section 20A empowers the (sic) Magistrate to enhance the rent (sic) determine annual rent on the (sic) the prevailing market value of (sic). The District Magistrate has (sic) to determine the rent only (sic) cases where there is no agree-(sic) relating to rent. If there is an (sic) between the landlord and the (sic) then the District Magistrate has (sic) to determine rent. In (sic) case admittedly an agreement (sic) between the Petitioner and the (sic) that the tenant shall pay rent (sic) rate of Rs. 170/-per annum to (sic) landlord; as such there could be no (sic) of the rent under sub-sec-(sic) of Section 29-A. The Kent (sic) and Eviction Officer has there-(sic) rightly rejected the Petitioner's

(3.) In the result the petition fails and is accordingly dismissed. There with be order as to costs.