Sibghat Ullah Khan, J. - (1.) LIST revised. No one appears for landlord/respondent. Heard Sri S.P. Misra, learned Standing Counsel for tenant petitioner/State of U.P. The building in dispute bearing No. 315 Mohalla Shivpuri, Civil Lines, Etah, was taken on rent for establishing the office of Assistant Director Fisheries, Government of U.P. with effect from 16.6.1983.
(2.) ON the application of the landlady respondent No. 3 Smt. Sukh Devi under section 21(8) of U.P. Act No. 13 of 1972, R.C. and E.O./S.D.O., Etah enhanced the rent of the building in dispute from Rs. 620/ - to Rs. 2033/ - per month. R.C. and E.O. enhanced the rent, taking the valuation of the property to be Rs. 2,44,000/ - on the basis of valuer's report filed on behalf of the landlady. R.C. and E.O. passed the order on 24.7.1991. Petitioners filed Misc. Appeal No. 49 of 1991 against the said order. Ist Additional District Judge, Etah through judgment and order dated 19.12.1992, dismissed the appeal hence this writ petition. Appellate Court held that no evidence in rebuttal was filed by the State before R.C. and E.O. hence there was no option except to accept the report of landlady's valuer.
(3.) ANNEXURE 1 to the writ petition is a copy of the application filed by the landlady. In para 7 of the application, it was stated that market value of the building in dispute was about Rs. 2 lakhs and that legally as well as in the interest of justice double the existing rent shall be paid with effect from 16.6.1986 when the period for which building was initially let out for 3 years expired. The case before R.C. and E.O. was registered as case No. 85 of 1989.;