DY. DIRECTOR OF AGRICULTURE, BAREILLY Vs. RAMESHWAR DAYAL

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Rent Control and Eviction Officer, Bareilly, dated 31st of October, 1977.

(2.) RAMESHWAR Dayal, respondent no. 1, who is the owner of premises No. 35-B, Civil Lines, Bareilly, filed an application under Section 21 of U. P. Act No. 13 of 1972 against the petitioners for release on the ground of personal need. The said application was contested by the petitioners, The application was dismissed on 26th of June, 1976. Meanwhile, U. P. Act No. 13 of 1972 was amended. By this amendment, a new sub-section (8) "was inserted to Section 21 of U. P. Act No. 13 of 1972. This sub-section (8) confers a right on a landlord to get the rent enhanced on the basis of the market value of the property let out to a tenant. Respondent no. 1, there­after, filed an application purporting to be under sub-section (8) to Section 21 for enhancement of rent from Rs. 550/- to Rs. 2083-33 paise.

(3.) THE Prescribed Authority upheld the contention raised on behalf of the respondent no. 1 and allowed the application. As a result of the allowing of the application, the rent was enhanced from Rs. 550/- to Rs. 2083-33 passed per month. Against the aforesaid order, the present writ petition was filed.