RAM KRISHNA RADHA KRISHNA Vs. RAM KISHORI

JUDGEMENT

(1.) Tenants have assailed the order dated 22nd September, 2011 passed by the Appellate Court on the Stay Application in the appeal filed by the tenants under Section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') against the order passed by the Prescribed Authority for release of the shop. It is seen from the records of the writ petition that the application filed by the landlords-respondents under Section 21(1)(a) of the Act for release of the shop on 15th July, 2004 was allowed by the Prescribed Authority by the order dated 15th October, 2010. Feeling aggrieved, the tenants filed an Appeal under Section 22 of the Act but as execution proceedings had not been initiated by the landlords, Stay Application was not filed with the Appeal. The landlords moved the execution application on 27th November, 2010 whereafter the tenants, on getting information about the execution case, filed a Stay Application in the pending Appeal on 8th August, 2011. Objections were filed by the landlords contending that the rate of rent should be enhanced.

(2.) Sri Atul Dayal, learned counsel for the petitioners has submitted that the Appellate Court fell in error in calculating the rent by taking into consideration the circle rate prevalent at that time. It is his submission that the rent has been exorbitantly increased by the Appellate Court and the petitioners would have no objection if the rent is reasonably increased. It is also his submission that the petitioners are agreeable to pay the enhanced rent from the date the order was passed by the Appellate Court and not from the date the release order was passed.

(3.) Sri Manish Tandon, learned counsel appearing for the respondent-landlords has stated that the respondents would have no objection if a reasonable rent is fixed by the Court but the Appeal filed by the tenants should be directed to be decided expeditiously.