STATE OF U P Vs. ARADHYA AWASTHI

JUDGEMENT

(1.) HEARD learned Counsel for the parties and have perused the material on record.

(2.) THROUGH this writ petition field by the tenants, Regional Food Controller Lucknow, District Food Marketing Officer, Hardoi and Senior Marketing Inspector, Hardoi, have assailed the judgment and order dated 12. 12. 2006 passed by the District Judge, Hardoi, a copy of which is contained in annexure No. 1, to the writ petition. Through this order, the District Judge, Hardoi has dismissed the appeal filed by the tenants against the order passed by the District Magistrate, Hardoi enhancing the monthly rent of the disputed building.

(3.) THE dispute pertains to the House No. 112, Mohalla Civil Lines, Canal Road, Hardoi. Earlier the property was owned by one Sri Ishwar Nath Kaul which was later on purchased by Sri Aradhya Awasthi, opposite party No. 1. After execution of the sale deed dated 29. 8. 2002, this building measuring 335. 67 sq. mt. was rented out at a meagre rent of Rs. 27/- per month for the residential portion and Rs. 26. 55 per month was being paid for the non-residential portion of the house. The new landlord moved application under section 21 (8) of U. P. Act No. 13 of 1972 for enhancement of rent as on the basis of the market value of the disputed house along with the land was not less than Rs. 10. 00 lakh and the rent paid was too inadequate. The documents relating to circle rates and other relevant material were placed in support of the application for enhancement of the rent. The opposite parties had opposed the application on the ground that P. W. D. valued the disputed house to the extent of Rs. 3,94,514. 00 and as such no enhancement of rent could be allowed. The learned District Magistrate after hearing the submissions of the contesting parties had taken the valuation of the disputed land in dispute as Rs. 6,81,000/ -. He has assessed the valuation on the basis of circle rate fixed by the Collector for the purpose of stamp duty payable on the sale deed. The District Magistrate assessed the monthly rent as Rs. 5,675/- and it was made admissible to the landlord w. e. f. August, 2003. This enhancement was revisable after five years.