STATE OF U.P. AND ANOTHER Vs. SANTOSH KUMAR SRIVASTAVA
LAWS(ALL)-2010-2-252
HIGH COURT OF ALLAHABAD
Decided on February 23,2010

State of U.P. and another Appellant
VERSUS
SANTOSH KUMAR SRIVASTAVA Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the petitioners and perused the record. This petition is directed against an appellate order dated 19th of August 2009 by which the learned District Judge has allowed the application of the respondent landlord under section 21(8) of U.P. Act No. 13 of 1972 (here-in-after referred to as the "Act") by increasing the rent from Rs. 1680/- to Rs. 8856/- per month.
(2.) The petitioner tenant was in occupation of the disputed premises belonging to the respondent landlord standing over an area of about 840 sq. ft. and which was taken on rent in November 1991 at Rs. 1680/- per month. An application under section 21(8) of the Act was filed for increasing the rent which was rejected by the Rent Controller and on appeal the III Addl. District Judge has allowed the application relying upon the valuation report and fixing the monthly rent at Rs. 8856/- per month.
(3.) The only argument urged on behalf of the petitioner is that in view of section 2(1)(b) and 2(1)(g) of the Act, section 21 does not apply and therefore, the order is without jurisdiction.;


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