LAWS(ALL)-2006-2-231

SHEKHAER BAHUGUNA Vs. XVI ADDITIONAL DISTRICT JUDGE

Decided On February 14, 2006
SHEKHAER BAHUGUNA, HEMVATI NANDAN BAHUGUNA Appellant
V/S
XVI ADDITIONAL DISTRICT JUDGE, PRESCRIBED AUTHORITY, RENT CONTROL AND EVICTION Respondents

JUDGEMENT

(1.) Heard Sri Shashi Nandan learned Senior Counsel assisted by Sri Sanjiv Kumar learned Counsel for the petitioner and Sri Kripa Shanker Singh learned Counsel for the landlord respondent No. 4.

(2.) This matter relates to house No. 16 Nyay Marg (12-B Hastings Road, Allahabad).

(3.) According to learned Counsel for the tenant petitioner it contains eight rooms alongwith other amenities. According to the learned Counsel for the landlord respondent No. 4 apart from 8 rooms there are two verandahs also in the accommodation in dispute. The accommodation in dispute was allotted to late Sri Hemwati Nandan Bahuguna about 50 or 60 years before on rent of Rs. 60/- per month. According to learned Counsel for landlord late Sri H.N. Bahuguna had through mutual agreement enhanced the rent to Rs. 1500/-per month, which he paid until February 1989 (Sri H.N. Bahuguna died on 16.3.1989), Learned Counsel for the petitioner states that rent was not enhanced from Rs. 60 to Rs. 1500/- per month by late Sri H.N. Bahuguna. However according to learned counsel for the petitioner rent, was enhanced by the petitioner from Rs. 60 to Rs. 150/- per month (para No. 3 of the writ petition)