U P JAL NIGAM Vs. PREM SAGAR
HIGH COURT OF UTTARAKHAND
U P JAL NIGAM
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B.S.VERMA, J. -
(1.) BY means of this petition the petitioner has sought a writ in the
nature of certiorari quashing the order dated 14 -3 -2000 and the order
dated 15 -2 -2001, passed by Prescribed Authority and IInd Addl. District
Judge/Rent Control Officer, respectively, contained in Annexure Nos. 1
and 2 to this writ petition.
(2.) BRIEFLY stated the facts of the case giving rise to this writ petition, according to the petitioner, the petitioner had occupied the
premises in question in the year 1975 and a lease -deed was executed on
19 -4 -1971. At that time the agreed rent was Rs. 4,00/ - per month. Thereafter the respondent/landlord filed application U/S 21(8) of U.P.
Act No.13 of 1972, for enhancement of rent of the premises in question
before the Prescribed Authority and the Prescribed Authority on 5 -1 -1988
allowed the application and fixed the monthly rent @ Rs. 1757/ -. No
appeal was filed against the order dated 5.1.1988, passed by the
(3.) AGAIN on 7 -7 -1994 the respondent filed an application for enhancement of rent U/S 2 1(8) of the Act, bearing No. 4/1994 before the
Prescribed Authority, since as per provision of Section 21(8) of the Act
No. 13 of 1972, the landlord may file application for enhancement of rent
after a lapse of five years. The said application was numbered as 5 of
1994 before the Prescribed Authority. The petitioner/tenant contested the application by filing his objection. The Prescribed Authority after
hearing both the parties and perusing the evidence parties as well as the
market value of the premises enhanced the rent @ Rs. 19,600/ - per month
vide order dated 31 -7 -1996. Aggrieved by the above order the petitioner
preferred before the District Judge which was numbered as Appeal No. 115
of 1996. The Addl. District Judge vide order dated 11 -10 -1996 set aside
the order dated 31 -7 -1996 passed by the Prescribed Authority and remanded
the case back to the Prescribed Authority. After remand the application
of the landlord was heard afresh by the Prescribed Authority/Addl.
District Magistrate and fixed the rent of premises in question @ Rs.
6,475/ - vide order dated 14.3.2000.
The order dated 14 -3 -2000, passed by Prescribed Authority was assailed by both the parties by filing appeals. The appeal preferred by
the petitioner was numbered as RCA No. 100 of 2000 and the appeal
preferred by the respondents/tenants was numbered as RCA No. 82 of 2000.
The 2nd Addl. District Judge, Dehradun, after hearing the parties allowed
the appeal of respondents/landlord partly and dismissed the appeal of the
petitioner/tenant and fixed the rent of the premises @ Rs.16,266/ - per
month vide impugned order dated 15.2.2001. The learned appellate court
did not accept the contention of the petitioner tenant that the as per
agreement to sale executed by the landlord in the year 1996, the
valuation of whole property has been assessed as Rs. 14,000,00/ - and the
valuation report submitted by the landlord cannot be made basis for
assessing the rent. It was also observed that against the valuation
report submitted by the landlord, no objection has been filed by the
tenant and the valuation report submitted by the landlord was made basis
for calculating the rent. The landlord had submitted the valuation of Rs.
1,95,200/ - based on market value and on the basis of it fixed the rent @ Rs. 16,266/ - (Rs 1,95,200/ - x 1/12 ).;
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