- (1.) COUNSEL for the petitioner, Sri Amish Tiwari, Coun sel for the respondent no. 3 to 6 and Standing Counsel for the respondent no. 1 and 2.
(2.) BY the present writ petition, the petitioner has sought the- review of the order passed on 18-05-2006. I have passed the following order : "petitioner is allowed time to vacate the premises up to 31st May, 2007 after giving the undertaking by 31st July, 2006 to the following effect: (a) that he shall pay the entire rent damages due by 31st July, 2006 at the rate Rs. 5001- p. m. and continue to pay the same during the period of use and occupation. (b) that he shall vacate the premises by 31st May, 2007 before the P. A. (c) in case of failure to abide by the aforesaid, the landlord will be en titled to execute the decree forth with. Subject to the aforesaid in writ pe tition no. 1334 of 2004, both the writ petitions are dismissed. No order as to costs. "
(3.) REVIEW application has been filed on 1-07-2006 stating therein that the application under Section 21 (1 ) (a) of the U. P. Act No. 13 of 1972 was not maintainable, in view of the fact that the parties have entered into an agreement on 21-01-2006 by which it was agreed by the parties that rent shall be en hanced to Rs. 1500/- and after three years, it shall be revised to 20%. Para graph 4 of the Review application is quoted below : "that it is submitted that as per the rent deed and receipt of rent for the month of February, 1999, which have been relied upon by the respondent no. 3 and were duly exhibited, the rent has been shown 1,500/-per month and 1,800/-per month from 01-01-1999 after 20% increase in every three years. It is submitted that again after three years i. e. 01-01-2001 on 20% increase, the rent be came payable @ 21001- per month. The application for release of the premises under section 21 (l) (a) of U. P. Act was filed on 25-02-2002 and at that time the rent was payable at the rate of 2,1001- per month there fore the property does not come under the purview of rent Act and no proceedings could be entertained under the said Act. ";