RATNA DEVI Vs. SECOND ADDL. D.J.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India. The facts are very brief. The property in dispute is a godown in house No. 3, Mohalla Misrana, Shikohabad. Mahendra Singh respondent No. 2, is the tenant. Petitioners are the landlord. The tenancy was created in the year 1963. It is not disputed that an agreed rent was fixed at Rs. 15/ - per month.

(2.) ON 15th July 1972, the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) came into force. On 9th September, 1972, the landlords gave a notice to the tenant enhancing the rate of rent of the godown by Rs. 3.75 p. per month which was 25 per cent of the agreed rent, namely Rs. 15/ - per month. The rent from 15th July, 1972, became Rs. 18.75 p. per month.

(3.) ON 14th October, 1978, the Judge, Small Causes Court, Shikohabad, decreed the suit holding that the rate of rent was Rs. 18.75 p. per month and that the tenant was clearly a defaulter. Aggrieved by the said decision, a revision was filed in the Court of the 2nd Additional District Judge, Mainpuri. This revision has been allowed by the court below on 24th July 1981, and the suit for ejectment was dismissed. Aggrieved by the judgment dated 24th July 1981, the present petition has been filed in this Court.