NEENA JAIN Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri Ravi Kiran Jain, Senior Advocate assisted by Ms. Deeba Siddiqui. Learned Advocate General assisted by Shri Ravi Shanker Prasad had appeared for State respondents. Shri Ashok Nath Tripathi appeared for the respondent -landlord.

(2.) SMT . Neena Jain wife of Shri Avnish Jain, her two sons Archit Jain and Nishith Jain and Shri Rajnish Jain -the brother of petitioner's husband are owners and landlord of a commercial property on the Court Road, Saharanpur. The complex of shops on the ground floor and the rooms on the first floor of the property are situate on the main road of the commercial centre of the district. One of the shops on the front side adjoining the road was given on rent to Gandhi Ashram -the respondent no.2 (the tenant). A part of the front portion given to Dr. Mohan Pandey and the other, in which an ice cream parlour was running on rent, were sold to them by the petitioners.

(3.) IT is stated that Smt. Neena Jain and her children are in dire need of money. They want to dispose of the shop occupied by Gandhi Ashram. The tenancy of the shop let out to Gandhi Ashram is regulated by the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the UP Act of 1972) of which the agreement of tenancy was entered into prior to April, 1985 @ Rs.100/ - per month. At present the shop can be let out at the rent for at least Rs.10,000/ - per month. The court road is the main commercial area where the value of the property and the rental value have risen considerably. The petitioner no.1 as a widow, getting a nominal rent from the shop is in need of money and is extremely hard pressed with the present rental of the shop of only Rs. 900/ - per month. She cannot increase the rent as there is no provision under the UP Act of 1972 for increasing the rent beyond the agreed rent. She also cannot evict the tenant and obtain possession of the shop from Gandhi Ashram on account of the bar created under Section 20 of the UP Act of 1972 against eviction except on the grounds set out, which do not include eviction on the ground of increase of rent. She gave a notice dated 23.12.2004 to respondent no.2 determining the tenancy. A reply was given by the tenant on 7.1.2005 to the notice, after which the tenant is depositing the rent under Section 30 of UP Act of 1972. The petitioners have thereafter filed a SCC Suit No.16 of 2005 (Rajnish Jain and ors vs. Kshetriya Sri Gandhi Ashram, Meerut) for eviction which is pending in the Court of Judge, Small Cause Court, Saharanpur. The Transfer Petition No.301 of 2005 has been filed by the petitioner under Article 228 of Constitution of India to transfer the Suit to the High Court as it involves a substantial question of law as to the interpretation of the Constitution, the determination of which according to the petitioner is necessary for disposal of the case. It is alleged that since the entire UP Act of 1972 has after the decision of this Court in Milap Chandra Jain vs. State of UP and ors 2001 (2) ARC 488, decided on 12.9.2001 declaring the 'standard rent' under Section 3 (k) and corresponding provisions under Section