LAWS(ALL)-1991-3-103

STATE OF U P Vs. DISTRICT JUDGE BULANDSHAHR

Decided On March 21, 1991
STATE OF UTTAR PRADESH Appellant
V/S
DISTRICT JUDGE BULANDSHAHR Respondents

JUDGEMENT

(1.) THIS petition at the instance of the State of U. P. the Sales-tax Department being the tenant, is directed against the order dated 20-10-1989 passed by the District Judge, Bulandshahr and the order dated 25-4-1989 passed by the Rent Control and Eviction Officer under section 21 (8) of U. P. Act 13 of 1972, herein after referred to as the Act, enhancing the rate of rent of the house bearing No. 883 (Old 416) situate at D M. Colony Road, Kottuyat, Bulandshahr from Rs. 4139/- per month to Rs. 8357/- per month.

(2.) IN the proceedings initiated by the landlord-respondents for enhancement of rent, for ascertaining the market value of the disputed house, the tenant filed the report of Sri R. P. Gaur, Chartered Architect and Government Registered Valuer showing the value of the house at Rs. 1028000/-. This report itself was accepted by both the courts and on that basis the rent of the house as calculated in accordance with the provisions of section 21 (8) of the Act has been determined at Rs. 8357/- per month.

(3.) THE petitioner can not successfully assail the determination of Market value of the building as the value of the building as determined by its own Valuer has been accepted. THE impugned orders determining the Market value and the monthly rent are in accordance with law.