- (1.) RAKESH Tiwari, J. Civil Misc. Writ No. 37158 of 1998 is landlord's petition in which the following prayers have been made: " (a) issue a writ, order or direction in the nature of certiorari quashing the orders dated 14-2-1996 and 26-3-1998 (Annexures 4 and 5) passed by the respondents 2 and 3 respectively; (b) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper to protect the interest of the petitioner; and (c) award costs of the petition. " Civil Misc. Writ No. 26711 of 1998 has been filed by the tenant against the orders dated 14-2-96 and dated 26-3-98 passed by respondent Nos. 2 and 1 respectively. Since common questions of facts and law are involved in both the connected writ petitions, they are being decided by this common judgment treating Civil Misc. Writ No. 37158 of 1998 as the leading case, with the consent of Counsels for the parties.
(2.) OFFICE of the Chief Medical OFFICEr, Ghaziabad is the tenant of accommodation in dispute, being House No. 135, Model tow, G. T. Road, Ghaziabad, which is a posh locality of city of Ghaziabad. Sri Arun Agarwal, the landlord moved an application under Section 21 (8) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act No. XIII of 1972') before the Rent Control and Eviction OFFICEr, Ghaziabad for enhancement of rent from Rs. 9,140/- to Rs. 18,483/-, which was registered as case No. 89 of 1992. After considering the respective case of the parties, the Rent Control and Eviction Officer, Ghaziabad enhanced the monthly rent from Rs. 9140/- to Rs. 13,000/- vide order dated 14-2-1996 appended as Annexure 4 to the writ petition. Aggrieved by the aforesaid order dated 14-2-1996, cross appeals were filed by the landlord and the tenant which were registered as Rent Control Appeal Nos. 104 and 106 of 1996. They were heard together and dismissed by the IIIrd Addl. District Judge, Ghaziabad vide order dated 26-3-1998.
(3.) AGGRIEVED by the aforesaid order dated 26-3-1998, the instant writ petitions have been filed. In the connected Civil Misc. Writ No. 26711 of 1998, the following interim mandamus was issued by this Court on 20-8-1998: "hon'ble J. C. Gupta, j Issue notice to respondent No. 3 who may file counter-affidavit within a period of three weeks from the date of service of notice. Rejoinder affidavit may be filed within three weeks thereafter. List this petition for admission/final disposal in the week commencing November 16, 1998. Meanwhile, till the next date of listing operation of the impugned orders dated 14-2-1996 and 26-3-1998 passed by respondent Nos. 2 and 1 respectively shall remain stayed provided the petitioner deposits with respondent No. 2 the enhanced amount of rent due up to date at half of the rate within one month from today which shall be allowed to be withdrawn by the respondent No. 3 on his applying for the same subject to his furnishing security other than cash and Bank Guarantee to the satisfaction of respondent No. 2. It is made clear that the deposit shall be in addition to the amount of rent already payable by the petitioner to the landlord. Dated. 20-8-98 Sd. /- Illegible";