R.P. YADAV(DR.) Vs. D.K. SHARMA

JUDGEMENT

(1.) The landlord-respondent, filed an application dated 6th April, 2009 for release of the tenanted premises under Sec. 12 read with Sec. 16(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the 'Act') which was registered as P.A. Case No. 10 of 2009. The petitioner, who is the opposite party, filed an application dated 18th Aug., 2011 that the aforesaid application filed by the landlord should be rejected as the Act will not apply to the building for the reason that the monthly rent exceeded INR 2,000.00. This application has been rejected by the Prescribed Authority by the order dated 21st Nov., 2011. This petition seeks the quashing of said order dated 21st Nov., 2011.

(2.) It transpires from the records of the case that the respondent-landlord had earlier filed an application on 23rd Sept., 2005 under Sec. 21(1)(a) of the Act for release of the building as it was bona fide required by the landlord. In the said application it was stated that the building was earlier let out to the tenant at the rate of INR 1400.00, but later on the rent was enhanced to INR 3500.00. Subsequently an application was moved by the landlord for making amendment in the plaint that INR 3500.00 per month was mistakenly mentioned and the actual rent that was paid was INR 1400.00. This Amendment Application was rejected and ultimately the application filed by the landlord was also rejected on 5th Feb., 2010 for the reason that the Act will not apply in view of the provisions of Sec. 2(1)(g) of the Act as the monthly rent exceeded INR 2,000.00.

(3.) Feeling aggrieved, the landlord filed an appeal under Sec. 22 of the Act, which is pending disposal.