KALYAN SINGH Vs. L KUNWAR SEN

JUDGEMENT

(1.) This is a defendant's application in revision arising out of a suit brought Under Section. 5 (4), U. P. (Temporary) Control of Rent and Eviction Act (III [3] of 1947) for fixation of rent. The defendant was occupying the accommodation on an agreed rental of Rs. 15/- per month. The lease was for a period of three years. The plaintiff was not satisfied with the agreed rent, and, therefore, he instituted the suit. The Court below has fixed the rent at Rs. 18/- per month.

(2.) It is contended by the learned counsel for the applicant that the suit was not maintainable, because if a landlord desires to enhance the rent, he may do so by giving a notice Under Section 5 (2) of the Act, and that a suit is maintainable only when a landlord claims that the reasonable annual rent is too inadequate or when a tenant claims that the reasonable annual rent is excessive.

(3.) The learned counsel has overlooked another portion of Clause (4), according to which, where there is no municipal assessment, a suit may be brought for fixation of rent. This is so, because Clause (2) of the section would not apply to such a case. Clause (2) provides that a landlord may enhance rent to the extent of reasonable annual rent. 'Reasonable annual rent' has been defined with reference to municipal assessment. Where, therefore, there is no municipal assessment, there can also be no 'reasonable annual rent' as defined in the Act. It, therefore, follows that in such a case a landlord has no right to enhance the rent by giving a notice.