N.K. Mehrotra, J. - (1.) This is a writ petition for issuing a writ in the nature of certiorari to quash the judgment and order dated 18.7.2003 passed by the Special Judge (E.C. Act) in Rent Control Appeal No. 6 of 2003 and the order dated 3.3.2003 passed by the Rent Control and Eviction Officer/City Magistrate, Sitapur in Case No. 8/13. 29/20 under Section 21 (8) of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to be as 'Act') Keshao Nath Tandon v. State of Uttar Pradesh through Collector, Sitapur and another whereby the application of the landlord, the opposite party No. 3 for enhancement of the monthly rent has been allowed and rent has been fixed as Rs. 6,590.72 per month.
(2.) The petitioner has also challenged the order of the Rent Control and Eviction Officer/City Magistrate, Sitapur dated 3.3.2003 against which the appeal has been dismissed. The petitioner has been the tenant in the disputed premises at the rent of Rs. 150/- per month. On the commencement of the Act, the monthly rent was enhanced from Rs. 150/- to Rs. 187.50. Later on the landlord moved an application on 17.1.1981 for enhancement of the monthly rent. The Collector, Sitapur enhanced the rent. The landlord and the tenant both filed appeal which was allowed by the District Judge, Sitapur. The matter was remanded to the District Magistrate, Sitapur for re-determination of the rent. After remand, the monthly rent was enhanced to Rs. 1002.50 with effect from April, 1981. The petitioner preferred Writ Petition No. 6508 of 1986 which was dismissed vide judgment dated 15.6.1987. In the year 1985, the landlord again moved an application under Section 21 (8) of the Act for enhancement of the monthly rent from Rs. 1002.50 to Rs. 7281.65. The Rent Control and Eviction Officer/City Magistrate, Sitapur of 1997. The Vth Additional District Judge, Sitapur allowed the Rent Control Appeal No. 6 of 1997 and also the application of the landlord and a monthly rent of Rs. 7281.65 was fixed on the basis of,the valuers report with effect from the date of the application. The petitioner filed Writ petition No. 98 of 2001 (R/C) challenging the judgment and order dated 21.3.2001. This Court allowed the writ petition vide judgment and order dated 2.9.2002 and remanded the matter to the Rent Control and Eviction Officer/City Magistrate, Sitapur for determination of the actual value of the building and the rate of monthly rent after providing opportunity of hearing and adducing evidence to the parties concerned.
(3.) After remand, both the parties, filed the valuation report. In both the valuation report, the rate of the land was determined as Rs. 60/- per sq feet on the basis of the circle rate fixed by the Collector for the purpose of realisation of the stamp duty. The valuer of the petitioner had permitted deduction of 25% in the circle rate, after taking into consideration the size of the particular plot. The Rent Control and Eviction Officer/City Magistrate, Sitapur vide judgment dated 3.3.2003 allowed the application of the landlord after determining the valuation of the property as Rs. 7,90,889.66 and fixed the monthly rent of Rs. 6.590.74 from the date of the application. The petitioner filed a Rent Control Appeal No. 6 of 2003. The landlord also filed a Rent Control Appeal No. 7 of 2003. Both the appeals have been dismissed on 18.7.2003. The instant writ petition has been filed against the aforesaid two judgments.;