PRABHUDAYAL AGARWAL Vs. DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Counsel for the State. I have perused the material on record including the impugned order.

(2.) BY the impugned order, the Court below has fixed the rent of the build ing in dispute at a sum of Rs. 6000/- per month. The reasoning adopted in the impugned order is that it has taken the valuation made by the Tehsildar as the basis for fixing the rent and has, therefore, fixed the rent at Rs. 7,300/- ini tially and has, thereafter deducted a sum of Rs. 1,300/-. The valuation report of the Tehsildar on record as Annexure-4 to the writ petition. In the counter-af fidavit filed by the State, the valuation report of the Tehsildar, is accepted to be correct.

(3.) THE impugned order, therefore, suffers from defect and it is set aside. THE petitioner is entitled to rent from the date of application at the rent, to be calculated on a value fixed by the Tehsildar on Rs. 11,50,000/-. THE arrears of rent will be paid by the respondent State to the petitioner within a period of three months from today. THE arrears of rent, which may arise due to the dif ference, which is to be calculated, will become payable within a period of three months. THE period of three months begins to run from today.