RAM DAS MEHRA Vs. SUNIL KUMAR GUPTA

JUDGEMENT

(1.) The instant petition under Art. 227 of the Constitution is directed against the judgement and order dated 22.11.2016 passed by Additional District and Sessions Judge, Court No.15, Kanpur Nagar allowing Rent Appeal No.56 of 2016 filed by respondent-tenant against release order dated 28.7.2016 passed by Prescribed Authority in proceedings under Sec. 21(1)(a) of U.P. Act No.13 of 1972 (for short 'the Act').

(2.) The short issue for consideration is whether the release application filed by the petitioner under the Act was maintainable in view of the admitted fact that rent of the disputed shop was Rs. 2000.00 per month apart from water tax. The respondent-tenant opposed the release application by filing an application bearing Paper No.58 praying for rejection of the release application on the ground that the rent of the premises being above Rs. 2000.00 per month, the building was exempt from the provisions of the Act under Sec. 2 (1) (g). The Prescribed Authority allowed the said application by order dated 28.9.2015. By another dated dated 28.7.2016, the Prescribed Authority proceeded to allow the release application oblivious of its earlier order. The appeal filed by the respondent-tenant has been allowed on the short ground that water tax payable over and above agreed rent of Rs. 2000.00 per month has to be treated as part of rent in view of Sec. 7 of the Act, therefore, the building was exempt from the provisions of the Act. Consequently, the release application filed under Sec. 21 of the Act would also not be maintainable.

(3.) Learned counsel for the petitioner submitted that water tax was payable on yearly basis, whereas rent of Rs. 2000.00 per month was being paid, on a monthly basis. Consequently, clause (g) of sub-section (1) of Sec. 2 would not be attracted.