CENTRAL BANK OF INDIA Vs. DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) THIS petition has been filed by the Central Bank of india for setting aside the order dated 24th December, 1996 passed by the prescribed Authority on the application filed by the landlord under section 21 (8) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act') as well as the order dated 14th march, 1997 by which the Appeal filed by the petitioner-Bank under section 22 of the Act was dismissed.

(2.) THE application had been filed by the landlord-respondent No. 3 for enhancement of the rent from 4,450/- to Rs. 23,842. 75/ -. The Prescribed authority allowed the application by the order dated 24th December, 1996 and enhanced the rent to Rs. 23,842. 75 w. e. f. 1. 1. 1996. The appeal filed by the petitioner against the said order was dismissed.

(3.) SRI S. N. Varma, learned Senior Counsel appearing for the petitioner submitted that the application filed by the landlord under section 21 (8) of the act was not maintainable since the building was exempted from the operation of the Act in view of the provisions of 2 (1) (g) of the Act which stipulates that the Act shall not apply to a building whose rent exceeds Rs. 2,000/ -. Sri J. P. Pandey, learned Counsel appearing for the landlord, however, submitted that under section 21 (8) of the Act, the landlord can file an application for enhancement of the rent of a building let out to a Public Sector Corporation and, therefore, the provisions of section 2 (1) (g) of the Act will not apply.