STATE OF UTTAR PRADESH Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) THERE is a middle aged lady who owns a house at New Jhusi, Allahabad, which she has let to the State of Uttar Pradesh and under occupation of an allied office and use of the Chief Medical Officer. The rent for the premises used by the Chief Medical Officer was Rs. 75/- per month. The lady was not satisfied with the rent which was paid to her and had desired a revision.

(2.) THE lady moved the Rent Control and Eviction Officer, Allahabad by an application, in effect, under sub-clause (8) of Section 21, with a prayer that the rent of the accommodation be revised in accordance with law, and specifically sought revision of rent from Rs. 75/- to Rs. 1277.66 in accordance with the report of the qualified Valuer on the basis of the formula prescribed in the aforesaid section. This was registered as case no. 414 of 1981. THE Chief Medical Officer did not file any objections despite service of notice on behalf of the lady. THE claim of the lady, as set in her application remained uncontroverted. However, unconnected with the aspect that the Chief Medical Officer did not file any objections, the Rent Control and Eviction Officer rejected the application of the lady seeking revision of rent on the ground that the Valuer's report which she had filed upon which revision of rent had been desired had not been supported by an affidavit, and the exemplars of the rent charged by owners, in like circumstances, had not been brought on record. THE application of the lady was rejected on 23 October 1981.

(3.) THE only ground upon which the State of U. P. has impugned the order of the learned IIIrd Additional District Judge, in appeal is that the Valuer's report was not supported by an affidavit and thus it could not be accepted by the learned IIIrd Additional District Judge. To support this proposition learned Standing Counsel has cited a decision of this Court of a Division Bench, reported in 1983 U. P. Rent Control Cases 648.