S.U. Khan, J. - (1.) In this writ petition, interpretation of Section 29-A (5) of U.P. Act No. 13 of 1972 is involved. Sub-sections (2), (3) and (5) of Section 20-A are quoted below: 29-APROTECTION AGAINST EVICTION TO CERTAIN CLASSES OF TENANTS OF LAND ON WHICH BUILDING EXISTS: XXX XXX XXX (2) This section applies only to land let out, either before or after the commencement of this section, where the tenant, with the landlord's consent has erected any permanent structure and incurred expenses in execution thereof. (3) Subject to the provisions hereinafter contained in this section, the provisions of Section 20 shall apply relation to any land referred to in Sub-section (2) as they apply in relation to any building. xxx xxx xxx (5) The District Magistrate on the application of the landlord or the tenant determine the annual rent payable in respect of such land at the rate of ten per cent per annum of the prevailing market value of the land, and such rent shall be payable, except as provided in Sub-section (6) from the date of expiration of the term for which the land was let or from the commencement of this section which ever is later. xxx xxx xxx
(2.) This is tenants' writ petition. Tribhuwan Nath, original landlord, predecessor-in-interest of respondents No. 2 and 3 let out open piece of land to Vishwa Nath Tandon, predecessor-in-interest of petitioners for 10 years through Lease deed executed on 29.3.1971. In the Deed it was also provided that the rent for the first five years will be at the rate of Rs. 1207per month and for the next 5 years at the rate of Rs. 130/- per month. Tenant was permitted to make constructions over the land in dispute. Lease deed expired in March, 1981. however, tenants continued to occupy the premises in dispute and landlord accepted rent even after expiry of Agreement of lease. It is alleged that amongst the tenants-petitioners partition took place in respect of tenanted property. However, such partition is not binding upon the landlord and all the tenants continued to be joint tenants, jointly liable to the landlord. After the death of original tenant, father of the petitioners the petitioners inherited the tenancy jointly vide Harish Tandon v. A.D.M. AIR1995 SC 676 , JT1995 (1 )SC 290 , 1995 (1 )SCALE65 , (1995 )1 SCC537 , [1995 ]1 SCR56 .
(3.) Landlords-respondents 2 and 3 filed application under Section 29-A (5) of U.P. Act No. 13 of 1972 for determination of rent. The application was filed on 8.7.1991 before the Rent Control and Eviction officer/City Magistrate, Fatehgarh district Farrukhabad and was registered as Case No. 42 of 1991.;