G. N. Ray, J. - (1.) The question for our consideration in this appeal is whether the expression "Building" in Section 3(i) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act) means only the superstructure or it includes the land underneath it also.
(2.) It is not necessary to go into the history of litigation between the parties, suffice it to say that the building in dispute was let out to the Sales Tax Department of the Government of Uttar Pradesh by one Devender Singh. His application under proviso to Section 21(8) of the Act for enhancement of rent was allowed by the Rent Control and Eviction Officer and he enhanced the rent of the building from Rs. 300/- to Rs. 5,622.87 per month. The appeal filed by the State of Uttar Pradesh before the Additional District and Sessions Judge, Saharanpur was dismissed. The State of Uttar Pradesh challenged the order of the courts below before the High Court by way of a writ petition under Article 226 of the Constitution of India which was dismissed by the High Court by its Order dated February 7, 1991. This appeal by way of special leave is against the judgment of the High Court.
(3.) Section 3(i) and the proviso to Sec.21(8) of the Act are reproduced hereunder: Sec. 3(i) "building" means a residential or non-residential roofed structure and includes (i) any land (including any garden), garages and out-houses, appurtenant to such building; (ii) any furniture supplied by the landlord for use in such building; (iii) any fittings and fixtures affixed to such building for the more beneficial enjoyment thereof. Sec. 21(8) ............... provided that in the case of such a building the District Magistrate may, on the application of the landlord, enhance the monthly rent payable therefor to a sum equivalent to one-twelfth of ten per cent of the market value of the building under tenancy, and the rent so enhanced shall be payable from the commencement of the month of tenancy following the date of the application. Provided further that a similar application. for further enhancement may be made after the expiration of five years from the date of the last of enhancement.;