STATE OF U P Vs. HAR NARAIN TANDON

JUDGEMENT

(1.) These two writ petitions, namely. Writ Petition Nos. 27783 of 2000 and 27784 of 2000 have been filed by petitioner-tenant, the State of U. P. challenging the common orders passed by the Prescribed Authority as well as by the appellate authority under the provision of Section 21 (8) of the U. P. Act No. 13 of 1972. Since both the writ petitions raise common question of facts and law, thus being disposed of by this common judgment together.

(2.) The facts leading to the filing of present writ petition are that the petitioner-State of U. P. Is admittedly the tenant of the accommodation in question. Respondent No. 1, Har Narain Tandon is the owner and landlord of the aforesaid accommodation in question, in which the office of Superintendent of Police (Regional), Special Branch, Intelligence Department at U. P., Bareilly was situated. Initially the rent payable by the petitioner was Rs. 192 per month. In the year 1979, the respondent-landlord filed an application under Section 21 (8) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter shall be referred to as the 'Act'), for the enhancement of rent from Rs. 192 per month to Rs. 833 per month. The aforesaid application was registered as Rent Control Case No. 142 of 1981. The matter was contested by the petitioner and after contest, by an order dated 3.12.1982, the rent was enhanced to Rs. 600 per month.

(3.) Aggrieved thereby, the petitioner tenant filed an appeal before the District Judge, Bareilly as contemplated under Section 22 of the Act, which was registered as Rent Appeal No. 12 of 1983. The appeal preferred by the petitioner-tenant was dismissed by the Appellate Authority vide its order dated 10.1.1986 and the order dated 3.12.1982 passed by Rent Control and Eviction Officer was upheld. The order dated 3.12.1982, according to the petitioner-tenant, merged into the order of District Judge dated 10.1.1986.