GAYATRI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is landlord's petition. It arises out of pro ceedings under section 21 (8) of the U.P. Act No. 13 of 1972. The petitioners who are the owners and landlords of Kothi situate at Kishanpur, Ram Ghat Road, Aligarh bearing Municipal No. 2/578, filed an application for enhancement of rent in respect of the tenanted accommodation in possession of the Regional Transport Officer, Aligarh, before the prescribed authority. In support of their plea for enhancement of rent, the petitioners filed a valuer's report dated 13th October, 1994. The parties led evidence in support of their respective cases. The prescribed authority by the order dated 28th February, 2006 allowed the said application in part and enhanced the monthly rent from Rs. 1490 to Rs. 23750/-. Feeling aggrieved against the aforesaid order, both the petitioners as well as the Regional Transport Authority preferred appeals under section 22 of the Act. These appeals came up for consideration before the Court below. The Court below by the impugned order allowed both the appeals and restored back the matter to the prescribed authority with the direction that the parties may lead evidence with regard to the market value of the land beneath the build ing in question.

(2.) CHALLENGING the aforesaid judgment, the present writ petition is at the instance of the landlord.

(3.) I have given careful consideration to the respective submissions of the learned Counsel for the parties and perused the record. A bare perusal of the impugned judgment would show that there were only two issues before it.