U P JAL NIGAM Vs. PREM SAGAR
LAWS(UTN)-2012-9-82
HIGH COURT OF UTTARAKHAND
Decided on September 12,2012

U P JAL NIGAM Appellant
VERSUS
PREM SAGAR Respondents

JUDGEMENT

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 Prescribed Authority.
(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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