STATE OF U P Vs. DEEPAK VAISH ADULT

JUDGEMENT

(1.) SUDHIR Narain, J. This petition is directed against the order dated 31-10-1996, Annexure-1 to the petition, passed by Additional District Judge, Kanpur Nagar. The petitioners are tenants of premises No. 7/189, Swaroop Nagar, Kanpur Nagar. The landlord-Respondent No. 1 filed an application for enhancement of rent under Section 21 (8) of U. P. Act No. XIII of 1972. The Prescribed Authority rejected the said application. The landlord-Respondent No. 1 then filed an appeal and the appellate authority allowed the appeal by the impugned order dated 31st October, 1996.

(2.) I have heard learned Standing Counsel appearing on behalf of the petitioners and SriRajesh Tandon,learned Counsel appearing on behalf of Respondent No. 1.

(3.) IN the facts and circumstances of the case the order dated 31-10-1996, An nexure-1 to the petition is hereby quashed. The Respondent No. 2 shall again decide the appeal keeping in view the observa tions made above. He shall decide the ap peal within a period of three months from the date of product ion of certified copy of this order, after affording opportunity of hearing to both the parties. The petitioners shall pay arrears of rent to the landlord Respondent No. 1. The landlords can withdraw the amount deposited by the petitioners in pursuance of the order dated 8-4-1997 passed by this Court. Let a copy of this order be given to the learned Counsel for the petitioners on payment of usual charges within three days. Petition allowed. .