U.P.POWER CORPORATION, U.P., AT LUCKNOW THROUGH ITS EXECUTIVE ENGINEER TRANSMISSION DIVISION-II, ALLAHABAD Vs. SANTOSH KUMARI ANAND AND OTHERS
LAWS(ALL)-2011-12-248
HIGH COURT OF ALLAHABAD
Decided on December 09,2011

U.P.Power Corporation, U.P., At Lucknow Through Its Executive Engineer Transmission Division-II, Allahabad Appellant
VERSUS
Santosh Kumari Anand and Others Respondents

JUDGEMENT

ARUN TANDON, J. - (1.) HEARD learned counsel for the parties.
(2.) TWO objections have been raised to the orders passed under Section 21 (8) of the U.P. Act No. 13 of 1972, whereby the authorities under the U.P. Act No. 13 of 1972 have enhanced the rent of premises in question to Rs. 6,796/- from the first day of the month of tenancy following the date of application i.e. 1st February, 1992. The appeal filed by the U.P. Power Corporation has also been dismissed. First ground raised is that in view of amendments made in U.P. Act No. 5 of 1995, premises went out to the provisions of said Rent Control Act as the rent was Rs. 2100/- on the date amendments were incorporated. The application under Section 21(8) of U.P. Act No. 13 of 1972 was liable to be rejected.
(3.) THIS objection of the petitioner has been turned down with reference to the judgements of the High Court in the case of Champa Devi and Another vs. Rent Control and Eviction Officer I, Allahabad and Another reported in 2002 (1) ARC-192, wherein it has been held that pending application under Rent Control Act shall not be adversely affected because of amendments enforced by U.P. Act No. 5 of 1995.;


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