A.N.Verma, J. - (1.) This is a petition under Art. 226 of the Constitution of India which is directed against an order passed by the respondents Nos. l and 2 under S. 8 of the U. P. Urban Buildings (Regulation of Letting Rent Eviction) Act, 1972.
(2.) Shortly stated the relevant facts are these:- The respondents Nos. 3 and 4 claiming themselves to be the landlords of the accommodation in dispute served a notice on the petitioner, who is admittedly the tenant of the same under S. 5 of the aforesaid Act purporting to enhance the existing rent from Rs. 300/-per annum to Rs. 600/- per annum. The petitioner disputed his liability to pay the enhanced rent. Thereupon, the said respondents moved an application under S. 8 for an order determining the dispute. The petitioner contested that application on a variety of grounds. The District Magistrate by an order dated 9th Dec., 1977, fixed the standard rent at Rs. 450/- per annum instead of Rs. 600/- as claimed by the landlord. Two appeals were preferred from that order one by the landlords and the other by the tenant. Both these appeals have been disposed of by the learned District Judge by his order dated 5th April, 1978. The learned District Judge allowed the appeal of the landlords holding that the standard rent in the case of the petitioner is Rs. 600/- per annum. The appeal filed by the petitioner has, however, been dismissed.
(3.) It is against the aforesaid orders that the present writ petition is direct- ed. The undisputed facts are that the rent payable for the accommodation in dispute at the commencement of the aforesaid Act was Rs. 300/- per month. The building of which the accommodation in dispute is half portion was assessed by the Municipal Board at Rs. 800/- per annum in the assessment made for the period 1st April, 1973 to 31st March, 1974. The annual reasonable rent for the accommodation in dispute was Rs. 400/- plus 25% thereof according to the definition of the term "reasonable annual rent" as was defined under S. 2 (f) of U. P. Act No. 3 of 1947 which definition has been adopted for the purposes of determining reasonable annual rent under the present Act namely U. P. Act No. 13 of 1972. Applying the provisions of S. 2 (f) of U. P. Act No. 3 of 1947 therefore, the annual reasonable rent of the accommodation in dispute would be Rs. 500/- per annum. The question, therefore, which arises is as to what is the standard rent of the accommodation in dispute.;