AHMAD RAZA Vs. DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioner and perused the impugned orders.

(2.) THE Petitioner seeks to challenge an order passed in the proceedings under Section 29 -A(5) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972), initiated by the Land Lord Respondent for determining the annual rent payable in respect of the land let out to the tenant before the commencement of the aforesaid section which was inserted in the Act by U.P. Act No. 28 of 1976, on which land, according to the landlord the tenant had with his consent erected permanent structure and incurred expenses in execution thereof.

(3.) THE Petitioner sought to challenge the aforesaid order by means of a revision which was filed before the District Judge Moradabad. The learned District Judge, however, on a preliminary objection against the maintainability of the revision held that under the scheme of the Act such an order was not revisable. The Petitioner thereafter moved on application for permission to convert his revision into an appeal. The District Judge rejected the aforesaid application coming to the conclusion that under the scheme of the U.P. Act No. 13 of 1972 an order passed in the proceedings under Section 29 -A (5) of the Act thereof had not been made appeasable. The learned District Judge was of the view that neither a revision nor an appeal was provided against the order passed in the proceedings under Section 29 -A (5) of the Act and since no substantive right of appeal against an order passed under Section 29 -A (5) had been provided for, the question of converting the revision into an appeal did not arise. Consequently holding that neither a revision petition nor an appeal was maintainable against the order passed under Section 29 -A (5) of the Act the revision as well as the application for converting the revision application into an appeal were dismissed as not maintainable.