ROMAN CATHOLIC DIOCESE Vs. RAJENDRA SINGH

JUDGEMENT

(1.) HEARD Sri M.K.Gupta, learned counsel for the petitioner and Sri Ravi Kiran Jain,learned senior counsel assisted by Sri Narendra Kumar Giri, learned counsel for the respondents no. 1 to 5. This writ petition is directed against order dated 26.10.2012 passed by R.C. And E.O./A.D.M. Civil Supply Agra in old case no.72 of 1985 Rajendra Singh and others Vs. Roman Catholic Diocess of Agra Limited issuing recovery certificate in form G under Rule 24(2) of the Rules framed under U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act 1972 for recovery of Rs.8,12,000/- as arrears of enhanced rent from l7.3.1986 to 6.3.2011 after adjusting Rs.5,80,000/- earlier deposited pursuant to an order passed by this court challenging the basic order of enhancement of rent which had been passed under Section 29-A(5) of U.P. Act no.13 of 1972. The impugned order was passed on the application of the landlord respondents filed on 13.6.2011.

(2.) RESPONDENTS no. 1 to 5 claiming to be the landlords of the property in dispute and further claiming that petitioner was its tenant filed application under Section 29-A(5) of U.P. Act no.13 of 1972. Section 29-A (2) and (5) are quoted below:

(3.) R .C. and E.O. in his impugned order dated 26.10.2012 held that it had jurisdiction to issue the certificate and from 7.3.1986 till 6.3.2011 an amount of Rs.14,50,000/- was payable out of which Rs.5,80,000/- had already been deposited and withdrawn by the landlord hence recovery certificate for Rs.8,70,000/- was issued. Rule 24 of the Rules framed under the Act is quoted below: