O.P. Srivastava, J. - (1.) This writ petition is directed against the judgment and order dated 6th "September, 1988 passed by respondent No. 1 in Rent Control Appeal No. 26 of 1988 in proceedings under proviso to Section 21 (8) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (hereinafter described as the "Act").
(2.) The facts of the-case, in brief, are that the petitioner is the land lady of the accommodation detailed at the foot of the application moved by her under proviso to Section 21 (8) of the Act. She had prayed for enhancement of the rent. The petition was contested by the respondent Nos. 3 and 4. The respondent No. 2 allowed the application for enhancement of the rent and fixed the same at Rs. 3620/- per month. Respondent Nos. 3 and 4 preferred an appeal before the district Judge, which was decided by respondent No. 1. The appeal was allowed and the application of the petitioner was dismissed on the ground that the same was not maintainable for the reason that the same was presented within five years from the date on which the parties had agreed for the enhancement of the rent and also on the ground that because of newly constructed portion, the accommodation did not fall within the purview of the Act. It is against this order that the petitioner has preferred the present writ petition.
(3.) I have heard the learned Counsel for the petitioner and the learned Standing Counsel, appearing for the respondents and have also gone through the record.;