S.U.Khan, J. - (1.) This is landlords writ petition. Landlords filed suit for eviction and recovery of arrears of rent against tenant respondent Nos. 3 and 4, Union Bank of India. The rent was Rs. 250 per months. However, in the plaint rent was sought to be realized at the rate of Rs. 1,500 per month. The suit was registered as SCC Suit No. 33/85 J.S.C.C./Civil Judge, Azamgarh through judgment and decree dated 19th September, 1990 decreed the suit for eviction and recovery of rent and damages for use and occupation at the rate of Rs. 250 per month. Against the said judgment and decree both the parties filed revision. Tenant filed revision against decree of eviction. Landlord filed revision against that part of Trial Court judgment and decree through which enhanced rent had not been awarded to the landlord. IInd A.D.J., Azamgarh, on 27th February, 1992 dismissed both the revisions i.e., Civil Revision No. 230/1999 and Civil Revision No. 55/1999. Both the parties again approached this Court. This petition has been filed by the landlord. Tenant filed Writ Petition No. 16543/1992 against the order and decree of eviction. In the said writ petition tenant-petitioner made a statement that it was ready to vacate provided that three months time was granted. Writ petition was dismissed on 9th February, 1993 with the directions that petitioner shall vacate the premises by 31st May, 1993. It is admitted to the parties thereafter in April or May, 1993 premises was vacated by the tenant bank.
(2.) The only point to be decided in this petition by the landlord is as to whether landlord was entitled to rent and damages at the higher rate than the rent. Admittedly building in dispute is covered by U.P. Act No. 13 of 1972. It has been held by the Supreme Court in AIR 1977 SC 2262, C.K. Bali v. J.S. Thakur, that in such cases rent or damages cannot be awarded at higher rate than the agreed rent until the decree of eviction. However, the Supreme Court has held that since the date of decree for eviction higher amount may be awarded. Accordingly writ petition is allowed in part. It is directed that w.e.f. 19th September, 1990 when the suit for eviction was decreed by the Trial Court till April/May, 1993 (31 months) when building was vacated tenant shall pay rent and damages for use and occupation at the rate of Rs. 500 per month. Rent at agreed rate of Rs. 250 per month must have already been paid by the Bank. It is accordingly directed that the Bank shall pay Rs. 7,750 as total balance of damages for use and occupation to the landlord.
(3.) In view of the above, the impugned decree is modified accordingly. The amount shall be paid within four months from today failing which it can be recovered in execution proceedings. Writ petition partly allowed.;