B. N. Sapru, J. - (1.) THIS writ petition has been filed by the landlord of shop no. 470/C situated in Bankhandi, Brindaban, District Mathura. The building is situated within the Municipal limits and the tenancy was continuing in force before coming into force of U. P. Act XIII of 1972. The landlord filed a suit against the tenant for ejectment, arrears of rent and mesne profits. It has been found that the agreed rent between the parties was Rs. 4/- per month. The landlord had, within three months of the coming into force of U. P. Act XIII of 1972, given a notice under section 5 of the Act for enhancing the rent.
(2.) THE trial court found that the rent payable by the tenant was Rs. 5/-per month, i. e. agreed rent plus 25% thereof and further found that the tenant had deposited the rent at the rate of Rs. 4/- per month and consequently it decreed the suit for ejectment and arrears of rent. Aggrieved the respondent filed a revision. The revisional court was of the view that the building was admittedly within Municipal assessment but as the parties had led no evidence the reasonable annual rent was not known. It went on to hold that in the absence of evidence as to what was the reasonable annual rent, the standard rent as defined under section 3 (k) of U. P. Act XIII of 1972 could not be determined and consequently allowing the appeal it dismissed the suit for ejectment but allowed the Suit for recovery of arrears of rent. Aggrieved the landlord has filed this writ petition. The relevant provision of law for giving notice was given under section 5 of U. P. Act XIII of 1972 which runs as follows :- " In the case of tenancy continuing from before the commencement of this Act, in respect of a building to which the old Act was applicable, the landlord may, by notice in writing, given within three months from the commencement of this Act, enhance the rent payable therefor to an amount not exceeding standard rent, and the rent so enhanced shall be payable from the commencement of this Act." This section gives the right to a landlord to enhance the rent to an amount not exceeding the standard rent.
(3.) STANDARD rent is defined in section 3 (k) of the Act. The definition of the STANDARD rent, which is relevant, is reproduced below :- " ' STANDARD rent ', subject to the provisions of Sections 6 and 10 means- (i) in the case of building governed by the old Act and let out at the time of the commencement of the Act- (a) where there is both an agreed rent payable therefor at such commencement as well as a reasonable annual rent (which in this Act has the same meaning as in Section 2 ( f) of the old Act, reproduced in the Schedule), the agreed rent, or the reasonable annual rent plus 25 per cent thereon, whichever is greater." Thus the standard rent under clause (a) of section 3 (k) will be 25 percent of the reasonable annual rent or the reasonable annual rent plus 25 percent thereon, whichever is greater.;