R.H. Zaidi, J. - (1.) Heard the learned Counsel for the petitioners.
(2.) This writ petition has been filed, challenging the validity of the order dated 31.1.1996 passed by respondent No. 1, the Rent Control & Eviction Officer/IVth ACM., Knapur Nagar in exercise of his power under Section 21 (8) of U.P. Act No. XIII of 1972 whereby the application filed by the respondent No. 2 was rejected.
(3.) It appears that the landlord applied for enhancement of the rent of the building in question which was objected by the petitioners on the ground that vide U.P. Act No. V of 1995, Section 2 of the U.P. Act No. XIII of 1972 had been amended and the buildings the rent or which was Rs. 2,000 or more were excluded from the purview of the Act. It was contended that the proceedings of the said case were liable to be dropped as the rent of the building in question was more than Rs. 2,000 per month. The respondent No. 1, however, dismissed the objection by means of the impugned order holding that the provisions of the amended act were prospective in nature and did not affect the maintainability of the proceedings for enhancement of rent. The petitioners, thereafter filed this writ petition.;