DEEN DAYAL SHARMA Vs. DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) -HEARD Shri Ramendra Asthana, learned Counsel for the petitioner and learned Standing Counsel for tenant-respondent Nos. 3 to 5.

(2.) THIS writ petition arises out of proceedings for enhancement of rent under section 21 (8) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The building in dispute is in tenancy occupation of State of U. P. respondent No. 5 and it is having office of Deputy Excise Commissioner in the said building. In the year 1978 landlord filed application for enhancement of rent under the aforesaid provision and rent was enhanced to Rs, 1,172. 50 per month. Under the proviso to the aforesaid sub-section fresh application for enhancement of rent may be filed after five years from the date of the last order of enhancement. The rent is to be enhanced to the extent of 1/120 of market value. Total area of the building in dispute is 13340 sq. feet (16671. 50 sq. feet covered area and 11671. 50 sq. feet open area) and it is situate in Jhansi (90 Civil Lines, Jhansi ).

(3.) EARLIER rent was enhanced through order of District Judge dated 24. 7. 1991 passed in appeal. The application giving rise to the instant writ petition was filed in September, 1996 and was registered as case No. 3 of 1996.