A.K. Yog, J. - (1.) Sri S.K. Kakkar, Advocate, for the tenant-petitioner and Sri B.D. Mandhyan, Advocate, for the contesting-landlord respondent Nos. 2 and 3 appeared and argued the case. Respondent No. 1 is a non-contesting party, hence need not be served.
(2.) The present petition under Article 226, Constitution of India arises out of the proceedings initiated by the landlord by filling an application registered as Rent Case No. 16 of 1993 under Section 21 (8), U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U.P. Act No. XIII of 1972 (for short called 'the Act') for enhancement of rent of Rs. 300 per month to Rupees 3,852.50 paise per month. The tenant-petitioner, Allahabad Bank, Branch Office at Jewer, Tahsil-Khurja, District Bulandshahr, however, resisted the claim of the landlord for enhancement of the rent.
(3.) Landlord claimed Rs. 3,852.50 paise per month as rent on the basis of his calculation on the basis of market value of the property as per his valuers, report under Section 21 (8) of the Act.;