S.U.Khan, J. - (1.) Heard learned counsel for the parties.
(2.) This is landlord's writ petition. Landlord instituted S.C.C. Suit No. 247 of 184 against tenants-respondents seeking their eviction on the ground of default and sub-letting and for recovery of arrears of rent. The suit was dismissed by the additional J.S.C.C. Allahabad on 26.4.2000 holding that tenants were entitled to the benefit of section 20 (4) of U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972), as entire rent etc. had been deposited by them on the first date of hearing i.e. 17.01.1985 and no subletting was proved. Against the said judgement and decree of Additional J.S.C.C. revision (S.C.C. Revision No. 471 of 2002) was filed which was remanded to the trial Court by District Judge/II A.D.J. Allahabad. Against the remand order both the parties filed writ petitions. Tenants got their writ petition dismissed is not pressed. However, landlord's writ petition - being writ petition No. 53981 of 2003 was allowed and the matter was remanded to the Revisional Court for resh decision through order dated 29.4.2005. Thereafter Revisional Court/XVII A.D.J. Allahabad (Court No. 17), Allahabad dismissed the revision (S.C.C. Revision No. 471 of 2002) on 9.11.2006, hence this writ petition.
(3.) Initially rate of rent was Rs. 18.50 per month. On the application filed by the landlord under section 9-A of the Act, rent was enhanced to Rs. 37.50 per month. When suit was filed in 1984 the said rent (i.e. Rs. 37.50 per month) was payable by the tenant. However, before filing of the suit landlord had filed mother application under section 9-A of the Act for further enhancement of the rent. The said application was allowed after 17.1.1985 and rent was enhanced to Rs. 75/- per month. In the notice of 1984, which preceded filing of the suit, enhanced rent @ Rs. 75/- per month. In the notice of 1984, which was preceded filing of the suit, enhanced rent @ Rs. 75/- per month had been asked for. Ad by the first date of hearing i.e. 17.1.1985 enhancement from Rs. 37.50 to Rs. 75/- had not been granted by the Rent Control and Eviction Officer, hence tenants were not liable to deposit the rent at the enhanced rate. (Rent was deposited under section 20 (4) of the Act at the rate of Rs. 37.50 per month). There no provision of automatic enhancement of rent under section 9-A of the Act. Under the said section enhancement of rent can be only by the order of Rent Control and Eviction Officer. Accordingly, argument of the learned counsel for the landlord-petitioner that tenants should have deposited rent @ Rs. 75/- per month on 17.1.1985 is not at all tenable.;