B.K.Rathi, J. - (1.) The petitioner. Indian Oil Corporation in both writ petitions, is the tenant of house No. 15B, Amar Nath Jha Marg, Allahabad. An application for enhancement of rent under Section 21 (8) of U. P. Act, No. XIII of 1972 was moved by Sri S. N. Vaish, respondent with the request that the rent which is Rs. 1,175 be enhanced to Rs. 50,000 per month. The application was contested by the petitioner and he filed written statement. Annexure-2 to the writ petition. The respondent No. 4, Sri Prakash Azad moved an application under Order XXII, Rule 10, C.P.C. for his impleadment. His application is Annexure-8 to the writ petition. The same was opposed by the petitioner by objection, Annexure-9 to the writ petition. It appears that no separate order was passed on the application of respondent No. 4, Annexure-8 to the writ petition. The matter was finally considered by the Rent Control and Eviction Officer, respondent No. 2, and he recorded a finding that the respondent No. 4. Sri Prakash Azad has become entitled to receive the rent. He, by order, Annexure-12 to the writ petition ordered that the rent be enhanced to Rs. 8,400 per month. However, he avoided to pass an specific order as to whether the respondent No. 3 or respondent No. 4 will be entitled to receive the enhanced rent, though in the body of the judgment, he recorded a finding that respondent No. 4 has become entitled to realise rent.
(2.) Aggrieved by the enhancement of the rent, the petitioner preferred Appeal No. 69 of 2000 before the District Judge, Allahabad against respondent No. 3 and the District Magistrate, Allahabad. The respondent No. 4, Sri Prakash Azad also preferred Appeal No. 49 of 2000 requesting for further enhancement of the rent. In Appeal No. 69 of 2000 the respondent No. 4 was not impleaded as party by the petitioner. Therefore, he moved an application for impleading him as parry in that appeal. The application was allowed by order dated 14.11.2000 and he was impleaded as party in Appeal No. 69 of 2000 also. Thereafter, both the appeals were disposed of on 26.2.2001 by common Judgment by the respondent No. 1, Annexure-15 to the writ petition. He enhanced the rent of the premises In dispute to Rs. 41,284 per month. Aggrieved by judgments, two separate writ petitions mentioned above have been filed by the petitioner as two appeals were decided by the same judgment. Therefore, both this petitions involve the same question and accordingly are being disposed of by this common judgment.
(3.) I have heard Dr. R. G. Padia, senior advocate for the petitioner and Sri Rajesh Tandon, senior advocate for the respondent No. 4.;