Sibghat Ullah Khan, J. - (1.) INSPITE of sufficient service no one has appeared on behalf of Food Corporation of India now Bhartiya Bhandaran Khadya Nigam, (hereinafter referred to as B.B.K. Nigam in short) Bindiki Branch; Fatehpur respondent No. 3. On the last occasion it was directed that the name of Shri R.K.S. Chauhan shall be printed in the cause list as it was reported that he was Standing Counsel of B.B.K. Nigam. List is revised. No one has appeared for respondent No. 3. This is landlords' writ petition arising out of proceedings for enhancement of rent under section 21(8) of U.P. Act No. 13 of 1972 initiated by them against tenant -respondent No. 3. Application was filed on 23.9.1983. The case was registered as Case No. 10 of 1983 thereafter 4 of 1985 on the file of R.C. & E.O./S.D.M., Fatehpur. In the application it was prayed that the rent must be enhanced from Rs. 45/ - to Rs. 500/ - per month. R.C. & E.O. through order dated 7.1.1991 allowed the application only in part and directed that with effect from 1.10.1983 rent must be paid at the rate of Rs. 56/ - per month. Against the said order appeal was filed by the petitioner being Rent Appeal No. 2 of 1992. District Judge, Fatehpur through judgment and order dated 13.10.1992 allowed the appeal in part and enhanced the rent to Rs. 269.40. The District Judge further directed that the said rent shall be payable only from the date of his judgment. Landlords have filed this writ petition against the said order. Learned Counsel for landlord -petitioner has stated that in 1994 tenant -respondent No. 3 has vacated the tenanted premises. Learned Counsel for the petitioner has argued that Lower Appellate Court should have enhanced the rent to Rs. 500/ - per month. I do not agree. District Judge has given cogent reasons for fixing rent at Rs. 269.40. The said view is approved. However, District Judge was not at all authorised to direct that enhanced rent shall be payable only with effect from the date of his judgment i.e. 13.10.1992. Under section 21(8) of the Act it is clearly provided that enhanced rent shall be payable from the commencement of the month of tenancy following the date of the application i.e. 1.10.1983. R.C. & E.O. had rightly directed payment of enhanced rent with effect from 1.10.1983.
(2.) ACCORDINGLY , writ petition is allowed in part. Judgment and order of the Lower Appellate Court is modified to the extent that the rent determined by the Lower Appellate Court i.e. Rs. 269.40 per month shall be payable from 1.10.1983. It is needless to add that after date of vacation tenants are not liable to pay any rent.;