- (1.) Leave granted.
(2.) An application under Section 29-A(5) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was filed by the predecessor of the respondents herein praying for determination of standard rent of the property in question. On that application, Case No.10/1999 was registered in the Court of District Magistrate, Dehradun. In the said application, it was stated that by a registered deed dated 11th January, 1971, a piece of land situate at Gandhi Road, Dehradun stood let out to Esso Eastern Inc. Under the said deed, the tenant had a right to install, erect and maintain underground tanks, delivery pumps connected thereto and building to be constructed for the purposes of storing, selling or otherwise carrying on trade petrol or petroleum products. The lease was for ten years from 15th March, 1970 at a monthly rent of Rs.450/-.
(3.) Esso Eastern Inc. stood acquired by Government of India under the provisions of Esso (Acquisition of Undertaking in India) Act, 1974. Consequently, Hindustan Petroleum Corporation Ltd. (HPCL), the appellant before us, came into picture in the said proceedings. HPCL thereafter filed its written statement in which, inter alia, it was contended that in the lease, there was a term for renewal for a further period of ten years at the option of the lessee, that during the said term of the lease, M/s. Esso Eastern Inc. stood acquired under the 1974 Act and, consequently, the lease stood transferred to HPCL. It was pleaded that consequent to the passing of the 1974 Act, under Section 5(2) of the said Act, such lease was to be renewed on the same terms and conditions on which the lease or tenancy was held by Esso Eastern Inc. According to HPCL, before expiry of the total term of twenty years, the lessee had availed of its statutory right for renewal of lease for a further term beyond 14th March, 1990 on the same terms and conditions as mentioned in the lease agreement. To complete the chronology of events, the District Magistrate, Dehradun, in the above proceedings called for the valuation report of the Tehsildar. The report was given on 27th December, 2002 stating that the value of the property on the basis of circle rate as well as on the basis of market value should be fixed at the rate of Rs.50,000/- per month. The District Magistrate has assessed and fixed the standard rent at the rate of Rs.50,000/- per month. This rate has been confirmed by the High Court vide its impugned judgment. Hence, this Civil Appeal by HPCL. Two points arise for determination in this case. Firstly, the date from which the rent of Rs.50,000/- per month should be made applicable to the premises in question and, secondly, whether the High Court was right in confirming the standard rent fixed by the District Magistrate at the rate of Rs.50,000/- per month.;