RAM SHANKAR Vs. SPECIAL JUDGE

JUDGEMENT

(1.) Heard Sri B.D. Mishra, learned counsel for the petitioners and Sri A.B. Singh, Advocate for respondents no. 2 and 3.

(2.) This writ petition is directed against the order dated 07.10.2002 passed by Additional District Judge, Jalaun at Orai allowing appeal of respondents-tenants partially and determining the rent of accommodation in question at the rate of Rs. 1012.50 per month and modifying Trial Court's order dated 20.10.2001 accordingly.

(3.) The respondents are admittedly occupying the premises in dispute and running a Primary School thereat. The petitioners-landlords filed an application dated 02.11.1994 before Prescribed Authority for determining rent of premises in dispute under Section 21(8) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972"). The landlords contended that current market value of property is about Rs. 3,40,000/- and, therefore, the appropriate rent accordingly to the bare minimum market value would be about Rs. 2800/- and onwards but considering the location of property and other facilities its monthly rent would come to Rs. 4425/-. The application was contested by respondents-tenants. The petitioners-landlords supported their contention regarding market value of property by referring to a sale deed dated 24.11.1993 of a nearby building and on the basis thereof claimed that market value of the property would not be below than Rs. 3571.43 per sq. meter.