SUDHIR NARAIN, J. - (1.) THIS writ petition is directed against the order dated 5th March, 1990, passed by respondent No. 6.
(2.) RESPONDENTS 2 to 5 are landlords of Premises No. 40/101, Gilis Bazar, Hospital Road, Parade, Kanpur City, known as "Mercantile Building". It was let out to M/s. National Rubber Manufacturing Company Ltd. and subsequently it was taken over by the Government under the name and style of M/s Tyre Corporation of India Ltd. Different portions of the building were let out by executing four separate lease deeds for twenty years alleged to have been executed on 27.8.1965, 13.12.1968, 24.7.1969 and 7.3.1970. The landlords- respondents filed four separate applications before the Rent Control and Eviction Officer, Kanpur, under Section 21(8) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') for enhancement of rent on the basis of market value of the building under the tenancy of the petitioner. The petitioner filed a preliminary objection stating that the lease deeds were executed for a period of twenty years. There was a clear recital in the lease deed in regard to rate of rent for the period agreed upon between the parties and, therefore, the landlords have no right to ask for any enhancement of rent till the period of lease subsist and, therefore, the petition is premature.
(3.) THE Rent Control and Eviction Officer after hearing learned Counsel for the parties on the question of preliminary objection held that Section 21(8) of the Act was not applicable as there is a registered agreement lease deed and the parties were bound by the terms of the lease deed. The rent cannot be enhanced when there is an agreement in a registered lease deed in respect of rent. The landlord-respondents filed an appeal. The Appellate Court took the view that despite the fact that there is a registered lease deed and agreement regarding rate of rent for a period of twenty years, still the application was maintainable under Section 21(8) of the Act. He relied upon the report of the valuer submitted on behalf of the landlords and recorded finding regarding the value of the property and fixed the rent taking into consideration the report of the valuer.;