- (1.) R. H. Zaidi, J. By means of this peti tion filed under Article 226 of the Con stitution of India petitioner challenges the validity of the order dated 26-7-1997 passed by the Rent Control and Eviction Officer whereby in exercise of his powers under sub- section (8) of Section 21 of the U. P. Urban Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972 (U. P. Act the No. XIII of 1972), for short the Act the rent was enhanced from Rs. 76. 30 to Rs. 1,500. 00 and the order dated 19-11-1999 by which the appeal filed by the petitioner was dismissed by the Appellate Authority.
(2.) IT appears that an application was made by the landlord under sub-section (8) of Section 21 of the Act. The applica tion was objected to and opposed by the petitioner. However, after going through the material on record, the rent of the building in question was enhanced from Rs. 76. 30 to Rs. 1,500. 00 by judgment and order dated 26-7-1997. Challenging the validity of the said order, an appeal was filed. The appeal also met the same fate and was dismissed by the Appellate Authority by its judgment and order dated 19-11-1999. Hence, the present petitions Learned Counsel for the petitioner vehemently urged that the authorities below have acted wholly illegally and ar bitrarily in enhancing the rent from Rs. 76. 30 to Rs. 1,500. 00 and in dismissing the appeal. I have considered the submissions made by learned Counsel for the petitioner and also perused the record. In support of their cases parties have produced evidence including Valuer's reports. Valuer's reports were proved in accordance with law. The Rent Control and Eviction Officer acting as the District Magistrate relied upon the evidence produced by the other side and passed the impugned order. It is well set tled in law that believing or disbelieving the evidence is a question of fact which cannot be challenged in the proceedings under Article 226 of the Constitution of India. I also do not find any illegality or infirmity in the impugned order. No case for interference under Article 226 of the Constitution of India is made out. The writ petition fails and is dis missed in limine. Petition dismissed. .;