UNITED BANK OF INDIA Vs. ACHINTYA KUMAR LAHIRI

JUDGEMENT

(1.) SANJAY Misra, J. Heard Sri K. M. Asthana, learned Counsel for the petitioner and Sri Arvind Srivastava, learned Counsel appearing on behalf of the respondent landlord.

(2.) THIS writ petition arises out of proceedings under Section 21 (8) of U. P. Act 13 of 1972 wherein the rent of the building under tenancy of the petitioner has been enhanced from Rs. 8,000 per month to Rs. 15000. The petitioner seeks to challenge the said orders passed by the Rent Control and Eviction Officer, Gorakhpur as also the appellate Courts order whereby the petitioners appeal has been rejected. With consent of learned Counsel for the parties this petition having been heard at length is being disposed of at this stage itself.

(3.) IN the case of Vishwant Kumar v. Madan Lal Sharma, reported in AIR 2004 SC 1887, the Hon'ble Supreme Court held the right of a tenant to get the standard rent fixed under the Act are protective rights and not vested rights. It was held that although the application made-by the tenant was prior to the coming in force of the amended provision exempting buildings having a monthly rent exceeding Rs. 3500/- the same was lost since the protection was taken away.