S.C. Mathur, J. - (1.) This is landlord's petition directed against rejection of its application for enhancement of rent under Sec. 9A of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972).
(2.) The Petitioner moved the aforementioned application against Smt. Kamla Devi, opposite party No. 2 before the District Supply Officer (Rent Control) Lucknow, who it appears was competent to exercise the powers of the District Magistrate referred to in Sub -section (1) of Sec. 9A of the Act. In this application it was claimed by the Petitioner that it was a public charitable institution and it was the landlord of the commercial establishment in the tenancy of the opposite -party No. 2. The claim of the Petitioner was that according to the market value of the premises in the tenancy of the opposite party No. 2 the rent in accordance with the principle prescribed under Sub -section (1) of Sec. 9A would come to Rs. 150.00 per month while the opposite -party No. 2 was paying rent at the rate of Rs. 75.00 only.
(3.) The facts about which there appears to be no dispute are that at the time of the enforcement of U.P. Act No. 13 of 1972 the opposite party No. 2 was paying to the Petitioner rent at the rate of Rs. 60.00 per month. This rate of rent remained in operation upto March, 1977. From April, 1977 by mutual agreement the rate of rent was enhanced to Rs. 75.00 per month. The District Supply Officer (Rent Control) rejected the application of the Petitioner on two grounds. In the first place he held that since the rent had already been enhanced in April, 1977 after the insertion of Sec. 9A in the Act with effect from 5 -7 -1976 there appeared to be no occasion to enhance the rent further through the application which was moved within one year of this enhancement. Secondly, he observed that there had been no difference in the market value of the property between April, 1977 and the day when the application under Sec. 9A was moved.;