- (1.) Parties have exchanged affidavits and therefore, the writ petition is being disposed of finally at the admission stage.
(2.) Smt. Bishambhari Devi, landlord Respondent No. 3, filed an application under Section 21(8) of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) against the Chairman, U.P. Electricity Board, and Executive Engineer, Electricity Distribution Division (I), Sahranpur, for enhancement of rent of premises bearing No. 2/2419 Gill colony, Sahranpur, which is under the tenancy of the Petitioners. The case of the landlord, in brief was that the premises in dispute were let out to the Petitioners on a monthly rent of Rs. 2500/- per month on the basis of an agreement dated 8-9-1982; that in view of the extent and location of the premises the rent being paid by the Petitioners was inadequate and that the same deserved to be enhanced to Rs. 4772.50. The application was contested by the Petitioners on various grounds. The Rent Control & Eviction officer after consideration of evidence on record held that the rent of the premises should be Rs. 4551/- per month and further directed that the landlord would be entitled to rent at the said rate with effect from the date of application moved by her, i.e. 1-3-1988. The appeal preferred by the Petitioners was also dismissed by the 7th Addl. District Judge, Sharanpur on 16-7-1990.
(3.) Sri Rajesh Kumar, learned Counsel for the Petitioners, has submitted that the application moved by the landlord under Section 21(8) of the Act was not maintainable as the U.P. State Electricity Board was not State Government or local authority or public sector Corporation or a recognised educational institution. Sri V.K. Gupta, learned Counsel for the Respondent, has submitted that the Electricity Board is a public sector corporation and, therefore, the application is maintainable.;