SARASWATI DEVI Vs. COMMISSIONER OF BHAGALPUR DIVISION

JUDGEMENT

(1.) BY the instant writ petition under Articles 226 and 227 of the Constitution of India the prayer of the tenant is that the order dated 7. 12. 1992 (Annexure-4)passed by the House Rent Controller under section 5 read with Section 8 of Bihar buildings (Lease, Rent and Eviction) Control act, 1982 (compendiously the Act) passed in an application for enhancement of rent and the order of the Collector and Commissioner of bhagalpur (Annexs-5 and 6) dated 8. 2. 1994 and 30. 5. 1994 respectively enhancing the rent from Rs. 135/- to Rs. 1862/- be quashed by issuing writ of cer-tiorari.

(2.) SO much of the facts necessary for the disposal of this petition are these : -

(3.) THE application for enhancement of the rent was contested by the petitioners, tenant with the averments that the building was a part of Tilak Babu's Hat. The land was in dilapidated condition and was settled with the ancestor of Kedar Nath Sah with the permission of the landlord. The 'enant renovated the building and carried their business of sweetmeat. Landlord, respondent no. 4, never objected to construction of the building. Originally the ground rent was only Rs. 30/- which was later on enhanced to Rs. 135/ -. The building was purchased by respondent no. 4 along with other shops in July, 1969.