MURLI SINGH Vs. TIKA RAM

JUDGEMENT

(1.) The applicant in this revision is a tenant of about eleven years' standing. He was, under an agreement in writing, dated 14th November 1944, bound to pay a rent of Rs. 3-8-0 per month for the house he was occupying. Before that date he was paying a rent of Rs. 2-8-0. According to the municipal assessment of April 1942 the rental value of the house is Rs. 3 p. m.

(2.) The landlord applied to the Court under the U. P. Control of Rent and Eviction Act (Act III [3] of 1947) to enhance the rent which the applicant had been paying to him from and about the year 1944. The suit which was brought by him purports to be under Section 8 (4) of the said Act. By its order dated 15th May 1948, the Court enhanced the rent of the house in suit to Rs. 10 p. m. It is against that order of the learned. Munsif that the applicant has come up in revision to this Court. Section 5 (1) of the Act layer down that

(3.) For the reasons given above this revision must succeed. The result is that the judgment and decree of the learned Munsif is set aside and the suit is dismissed. I make no order as to coats as the other party is not represented. Revision allowed.