- (1.) Heard Sri T.P. Yadav, learned Counsel for the petitioner. Petitioner State of U.P. has invoked the writ jurisdiction of this Court so as to challenge the judgment and order dated 27.3.2014 passed by the Additional District Judge allowing Rent Appeal No. 42 of 2007 arising out of proceedings under section 21(8) of U.P. Act No. 13 of 1972 (hereinafter referred to as the Act). The Appellate Court by the said judgment and order has fixed the fair rent of the property in dispute at Rs. 8054/- per month w.e.f. 29.5.2006, the date on which the application for enhancement of rent under section 21(8) of the Act was presented. The house in dispute which is situate on Araji No. 34/2 Block 3-4B, Mohalla Jagdishpur, Hospital Road, Ballia is the property of the respondents and part of it is under tenancy of the Settlement Officer Consolidation vide allotment order dated 5.9.1970. The area under tenancy of the petitioner is 1028 square feet equivalent to 96.28 square meter.
(2.) The above portion was allotted to the Settlement Officer Consolidation on a rent of Rs. 35/- per month which was subsequently enhanced vide order 18.12.1999 to Rs. 450/- per month.
(3.) The respondents in order to get its rent further enhanced at the market value again applied for its fixation under section 21(8) of the Act in the year 2006.;