ZAFAR IBRAHIM Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BOTH the above -noted writ petitions arise out of a common judgment and order dated 22.12.2003, passed by the Additional District Judge, Court No. 1, Lucknow and involve a common controversy, hence the same are being disposed of by a common judgment.

(2.) SRI Anil Kumar, advocate appears for the petitioner landlord, Zafar Ibrahim, owner of the building No. 31/37, also known as 14, Mahatma Gandhi Marg, Hazratganj, Lucknow, who has sought enhancement of rent of his aforesaid property, hereinafter referred to as the premises.

(3.) THE landlord has assailed the judgment and order dated 22.12.2003 passed by the Additional District Judge, Court No. 1, Lucknow in Rent Appeal No. 26/2003, the U.P. Cooperative Bank Ltd. v. Zafar Ibrahim, thereby allowing the appeal of the tenant and modifying the judgment and order dated 27.5.2003 passed by the District Magistrate/Additional City Magistrate I, Rent Control, Lucknow, which had been passed on the application submitted by the landlord under Section 21(8) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act XIII of 1972), hereinafter referred to as the Act, seeking enhancement of rent of the premises, having a covered area of 1,280 sq. ft. The District Magistrate/Additional City Magistrate I (Rent Control) had enhanced the rent from a meagre amount of Rs. 147.62 p. per month to Rs. 28,784 per month with effect from 1.8.2000 (i.e., from the date of submission of application for enhancement of rent).