Sudhir Agarwal, J. - (1.) The Rent Control and Eviction Officer, Moradabad (hereinafter referred to as 'RCEO') on an application filed by respondent-landlords for determining rent under Section 21 (8) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'Act, 1972') after giving due opportunity to petitioners and considering the material on record passed an order dated 25.11.2002 determining rent at the rate of Rs. 8475/- per month with effect from 1.1.1994 till the accommodation is vacated and the said order has become final after dismissal of petitioners' Appeal No. 65 of 2003 vide Appellate Court's judgment dated 30.9.2003.
(2.) Appellate Court has dismissed the Appeal on the ground of limitation. The contention of learned Standing Counsel that there was no deliberate delay on the part of petitioners in filing the appeal and it was adequately explained, lacks substance.
(3.) Even otherwise, I permitted learned Standing Counsel to address this Court on merits to demonstrate any manifest error in the order passed by RCEO determining rent at the rate of Rs. 8475/- per month. He could not dispute that disputed accommodation is situated in Civil Lines, Moradabad which is a very posh locality and value of property has been considered on the basis of relevant evidence. In absence of any manifest error pointed out in the order of RCEO, even otherwise I find no reason to interfere with the impugned order so as to continue an avoidable litigation, particularly, when petitioners, admittedly have now vacated the accommodation in question.;