LALJI TANDON Vs. CITY MAGISTRATE

JUDGEMENT

(1.) In this writ petition, interpretation of Section 29-A (5) of U.P. Act No. 13 of 1972 is involved. Sub-sections (2), (3) and (5) of Section 20-A are quoted below:

(2.) This is tenants' writ petition. Tribhuwan Nath, original landlord, predecessor-in-interest of respondents No. 2 and 3 let out open piece of land to Vishwa Nath Tandon, predecessor-in-interest of petitioners for 10 years through Lease deed executed on 29.3.1971. In the Deed it was also provided that the rent for the first five years will be at the rate of Rs. 1207per month and for the next 5 years at the rate of Rs. 130/- per month. Tenant was permitted to make constructions over the land in dispute. Lease deed expired in March, 1981. however, tenants continued to occupy the premises in dispute and landlord accepted rent even after expiry of Agreement of lease. It is alleged that amongst the tenants-petitioners partition took place in respect of tenanted property. However, such partition is not binding upon the landlord and all the tenants continued to be joint tenants, jointly liable to the landlord. After the death of original tenant, father of the petitioners the petitioners inherited the tenancy jointly vide Harish Tandon v. A.D.M. AIR1995 SC 676 , JT1995 (1 )SC 290 , 1995 (1 )SCALE65 , (1995 )1 SCC537 , [1995 ]1 SCR56 .

(3.) Landlords-respondents 2 and 3 filed application under Section 29-A (5) of U.P. Act No. 13 of 1972 for determination of rent. The application was filed on 8.7.1991 before the Rent Control and Eviction officer/City Magistrate, Fatehgarh district Farrukhabad and was registered as Case No. 42 of 1991.