SHYAMJI SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) S. U. Khan, J. Heard Shri Rajesh Dwivedi, learned counsel for the tenant petitioner Shyamji Shukla and Shri Saurabh Srivastava, learned counsel for allottee, Raj Kumar Awasthi, respondent No. 2 in the first writ petition and respondent No. 4 in the second writ petition.

(2.) INITIALLY accommodation in dispute was in occupancy of Anil Kumar Gupta. Vacancy was declared by Rent Control and Eviction Officer (R. C. and E. G.) on 30. 11. 2005. Petitioner claims that he is tenant of the accommodation in dispute since 20. 7. 2005, Smt. Kamla Devi and Sri Ashok Kumar Sharma, landlords respondent Nos. 2 and 3 in the second writ petition support the case of the petitioner. Proceedings were initiated on the application of Raj Kumar Awasthi before R. C. and E. O. Petitioner claims that accommodation in dispute was let out to him by the landlords on 20. 7. 2005 at the rent of Rs. 2,200 per month. Rent Control and Eviction Officer through impugned order dated 8. 6. 2007 allotted the accommodation in dispute to R. K. Awasthi. True copy of the order is Annexure-6 to the second writ petition. Vacancy had earlier been declared on 30. 11. 2005. Landlords' release application had been rejected on 29. 9. 2006. Against allotment order, two revisions were filed. Rent Revision No. 33 of 2007 Parashnath Sharma v. Rent Control and Eviction Officer and another and Rent Revision No. 70 of 2007, Shyamji Shukla v. Raj Kumar Awasthi and others. First revision was filed by an unsuccessful allottee and the second by tenant petitioner. Both the revisions were dismissed by District Judge, Kanpur on 5. 12. 2007 giving rise to the second writ petition.

(3.) IT is to be noted that under Section 9 (2) of the Act, current market value is mentioned at the top of the list and latest assessment at the bottom of the list. Accordingly, first consideration for determining rental value is current value in case of allotment. Assessment in case of old tenancy is almost meaningless as rents of old tenancies are very meagre and if a building is occupied by a tenant then in the House Tax Register assessment, only value will have to be determined and mentioned on the basis of actual rent paid and received and not the market value.