A.K. Mathur, Markandey Katju, JJ. - (1.) We have heard counsel for the parties. This appeal is directed against the judgment and order dated 11.6.2001 passed by the learned Single Judge of the High Court of Uttaranchal at Nainital in Civil Miscellaneous Writ Petition No.1237 of 2001 confirming the enhancement of the rent assessed by the Prescribed Authority (The Court of Additional District Magistrate, Dehradun) for building in question at the rate of Rs. 86,232.00 from the commencement of the month of tenancy following the date of the application.
(2.) The brief facts which are necessary for the disposal of this appeal are that the respondent is the landlord of property No.72, Rajpur Road, Dehradun, U.P. This property was in tenancy of the opposite party No.2 from February, 1960 at the monthly rent of Rs. 162.50 paise in which they were having their residence and the office. The property in question that is about 18.5 bigha of land and the two constructed units, covering the area about 966 sq. meters and 650 sq. meters respectively. The property in question is mainly situated at Rajpur Road which is the most useful and developed area. The land of this area is mostly used for commercial purpose and in the vicinity of this property there are many big hotels and number of commercial establishments. Therefore, the property has a good commercial value also. Therefore, the tenant made an application before the Prescribed Authority under Section 21 (8) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 for suitable enhancement of the rent. The prescribed authority by its order fixed the rent in respect of Suit No.14 of 1985 entitled Shanti Devi and others v. State of Uttar Pradesh @ Rs. 833.30.
(3.) Aggrieved against this order both the parties filed an appeal before the appellate authority and both the appeals were dismissed by the appellate authority. Thereafter after expiry of five years the party requested for enhancement of the rent. The prescribed authority after considering the matter enhanced the rent to Rs. 1600/- with effect from 1.9.1993 by an order dated 31st August, 1998. Aggrieved against this order an appeal was preferred by the landlord before the Additional District Judge and in that the rent was enhanced to Rs. 86,232.00. Thereafter aggrieved with that a Writ Petition was filed by the State before the High Court and the High Court also dismissed the Writ Petition.;