INDIAN BANK Vs. VII ADDITIONAL DISTRICT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) BEING aggrieved by the enhancement of the rent in respect of the premises in dispute which is a public building within the meaning of Section 3 (o) of U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (herein after referred to as 'Act') from Rs. 4650/- per. month to Rs. 8193.42/- per month in the proceedings under section 21 (1) (8) of the Act which order passed by the prescribed authority has been affirmed by the appellate authority, the petitioner has now approached this court for redress seeking the quashing of the aforesaid orders.

(2.) THE facts shorn of details and necessary for the disposal of this case lie in a narrow compass. THE premises in dispute is continuing to be under the tenancy of the petitioner Bank since the year 1975. On 5-1-1986 a registered lease deed was executed between the landlord and the tenant petitioner in respect of the premises in dispute where under in consideration of the rents, covenants and conditions by the lessee to be paid, observed and performed, the premises in dispute were leased out to the lessee Bank for a term of five years commencing from 16-1-1985 with an option on the lessee's part to have the term of lease extended by a further period of five years on 10% increase of rent only on schedule I ground floor and terminable thereafter by three calendar months' notice in writing on either side. Apart from various other terms and conditions, the lessee agreed and undertook to pay the lessor during the currency of the tenancy rent at the rate entitled in the lease deed month after month on or before the 5th of each month following the month for which the same accrued due. THE lease deed further stipulated that the monthly rent payable by the lessee was to be Rs. 3500/- for the covered area of the property mentioned in schedule (i) and for properties mentioned in schedule (II) a consolidated amount of Rs. 450/- per month and a consolidated amount of Rs. 350/- per month for the properties mentioned in schedule (iii). According to the petitioner Bank, the lease period of five years stipulated in the lease deed executed on 1-5-1986 was to expire on 16-1-1990. THE petitioner, in the circumstances, exercised the option for the renewal of the lease with the condition for enhancement of the amount of rent by 10% so far as the property situate on the ground floor was concerned, on 4-12-1989. According to the Bank therefore, the continuance of the lease in respect of the premises in dispute on the conditions contained in the lease deed dated 1-5-1986 stood secured in favour of the tenant for the period ending 16-1-1995. THE landlord however, initiated proceedings under section 21 (1) (8) of the Act on 8-2-1990 seeking enhancement of the rent to a figure of Rs. 8615/- per month w.e.f. 1-3-1990. THE petitioner Bank contested the aforesaid application on various grounds challenging its maintainability and the right of the landlord to enhance the rent contrary to the provisions contained in the registered lease deed, apart from various other grounds.

(3.) THE learned Counsel for the petitioner has urged that in view of the terms and conditions contained in the registered lease deed dated 1-5-1986 where under the landlord had agreed to have that amount of rent only which stood stipulated thereunder for a period ending 16-1-1995, he had no right to seek enhancement of the rent for the premises in dispute over and above the amount of rent fixed for the premises in dispute which was to remain effective till 16-1-1995. It has further been asserted that in face of the terms and conditions of the aforesaid lease deed, the landlord will be deemed to have waived his right to get rent for the premises in dispute enhanced at least during the period ending 16 -1 -1995 and in this view of the matter, it is asserted that the proceedings under section 21 (1) (8) of the Act were totally misconceived and not maintainable.