AZIZ BEGUM Vs. VTH ADDL DISTRICT JUDGE

JUDGEMENT

(1.) In this writ petition arguments of learned counsel for the petitioner were heard on 23.2.2004 and judgment was reserved. The Court did not have the advantage of hearing the arguments of learned counsel for the respondents, as he did not appear even though the case was taken up in the revised list.

(2.) This is tenant's writ petition arising out of a suit filed by landlord-respondent for his ejectment on the ground of default being S.C.C. Suit No. 588 of 1978 on the file of J.S.C.C., Bareilly. Suit was decreed on 23.2.1980, Tenant's revision (S.C.C. Revision No. 75 of 1980) was dismissed by Vth A.D.J., Bareilly on 1.5.1982, hence this writ petition. According to the plaint allegations rate of rent of the shop in dispute was Rs. 19.50 till 15.7.19.72 and w.e.f. 15.7.1972 it was enhanced by 25% amounting to Rs. 24.39 per month. Provision of enhancement of rent on the enforcement of U. P. Act No. 13 of 1972 is provided for under Section 5 of the said Act. Under the said section it is provided that landlord may by notice in writing given within three months from the date of commencement of the Act (i.e., 15.7.1972) enhance the rent to an amount not exceeding the standard rent and the rent so enhanced shall be payable from the commencement of the Act. According to the plaint case notice under the said section was given by the landlord to one of the tenants Smt. Aziz Begum (petitioner No. 1) on 12.9.1972, under certificate of posting (U.P.C.) petitioner No. 1 denied receiving any such notice.

(3.) Regarding enhancement of rent w.e.f 15.7.1972 the trial court has recorded the following findings :