S.U.Khan, J. - (1.) Both of these writ petitions have been filed by the tenant, State of U. P. The building in dispute is in the tenancy occupation of State of U. P. in which office of Assistant Commissioner (Judicial) Trade Tax, Jhansi is situated. These writ petitions arise out of proceedings under Section 21 (8) of U. P. Act No. 13 of 1972, initiated by landlord respondent No. 2 for enhancement of rent.
(2.) R.C. and E.O., Jhansi, before whom case was registered as case No. 28 of 1989, by his order dated 3.6.1996 enhanced the rent of accommodation in dispute from Rs. 130 to Rs. 2,500 per month. Against the judgment and order passed by R.C. and E.O., both the parties, i.e., tenant as well as landlord filed appeals before the District Judge, Jhansi. The appeal of landlord, R. S. Agrawal was registered as R, C. Appeal No. 17 of 1996. The appeal of tenant was registered as R. C. Appeal No. 19 of 1996. The IInd Additional District Judge, by a common Judgment disposed of both the appeals on 8.10.1997, dismissing the appeal of the tenant and allowing the appeal of the landlord. The appellate court fixed valuation of the accommodation in dispute at Rs. 11,19,000 as against the valuation of 3,00,000 fixed by the R.C. and E.O. The appellate court determined the rate of rent to be Rs. 9,325 per month. Rent was made payable with effect from the date of application, i.e., 1.8.1989. These two petitions by the tenant, i.e., State of U. P. and Assistant Commissioner have been filed against the said Judgment of the appellate court and R.C. and E.O.
(3.) The accommodation in dispute is situate within the cantonment area of Jhansi. It is also not disputed that the land over which the building in dispute is constructed is the property of Government of India (Ministry of defence), which has been given on lease to the landlord.;