- (1.) Heard Shri Ashish Kumar Singh, learned Counsel for the petitioners. Shri Bal Krishna, learned standing counsel appears for the State respondents.
(2.) Nawab Jamshed Ali Khan and others, the petitioners in this writ petition have filed this writ petition for setting aside the judgment and order dated 2.7.2007, passed by the Rent Control and Eviction Officer/City Magistrate, Muzaffarnagar rejecting petitioners' Application No. 13/2003 dated 31.12.2003 under Section 21 (8) of U.P. Urban Building (Regulation of Rent and Eviction) Act, 1972 (in short U.P. Act No. 13/1972) for enhancing the rent, according to the valuation of the property, and the judgment and order dated 14.12.2007, passed by the Additional District Judge, Court No. 7, Muzaffarnagar, rejecting Rent Control Appeal No. 8/2007 arising out of the order dated 2.7.2007. The appellate court has confirmed the findings of the Rent Control and Eviction Officer, that the applicants have not established themselves to be the landlords of the property in dispute and that until such declaration is made by the competent court, the application under Section 21(8) of U.P. Act No. 13/1972, is not maintainable.
(3.) The application under Section 21(8) of U.P. Act No. 13/1972 was filed by the petitioners with the averments that the disputed property and the adjoining property numbered as Bungalow No. 15, Civil Lines, (old Nor 24-25 Civil Lines). The property was taken over by Court of Wards, and was let out to various persons. It was released from the Court of Wards in 1954 in favour of Mohd. Aizaz Ali Khan, father of the petitioner Nos. 1 to 4. The property in dispute is in possession of the State Government as a tenant and is used as Planning Office, on a rent fixed by the Court of Wards at Rs. 720 per year. The tenancy of State Government through the Court of Wards is recorded in the Nagarpalika. Mohd. Aizaz Ali Khan was the owner of the property, and after his death, the petitioner-applicant Nos. 1 to 4 became the owners and the landlords. They have many other properties in Muzaffarnagar. The petitioner applicants No. 1 to 4 established a firm in the name of M/s. National Constructions and put all their properties in common stock of the firm, which came into existence on 26.2.2003 by a Partnership Deed. The applicants petitioner Nos. 2, 3 and 4 retired and the firm was reconstituted in which apart from petitioner No. 1, Shri Rajeev Agrawal ; Shri Sanjay Swarup and Shri Ranjan Mittal were inducted as partners. A reconstituted deed was executed on 1.5.2003. The property vests in the reconstituted firm on which the provisions of U.P. Act No. 13/1972 were not applicable. The petitioners, however, have a right to get the rent enhanced under Section 21(8) of the U.P. Act No. 13/1972. They got a plan prepared from Shri Navneet Kumar Goyal, architect and have got the property valued according to the valuation report dated 30.12.2003. They have assessed the market value of the property at Rs. 9,36,33,404 and claim that according to Section 21 (8), the monthly rent of the property should be fixed at Rs. 7,80,278. The property is described as a pucca building at Arya Samaj Road, Civil Lines, North, Muzaffarnagar with two halls, six rooms and one porch, the boundaries given in the Schedule appended to the application.;