Prakash Krishna, J. - (1.) THE present writ petition arises out of the proceedings initiated by the respondents -landlord under section 21(8) of U.P. Act No. 13 of 1972. Building No. 35/C -16, Rampur Garden, Civil Lines, Bareilly is involved in the present case. It was led out in the year 1974 initially on monthly rent of Rs. 500/ -. It consists of three rooms, two store rooms, one kitchen, one bathroom, one latrine and two verandah with open land. The building is very old. An application for enhancement of rent by the landlord was filed some time in the year 1983 under section 21(8) of U.P. Act No. 13 of 1972. Its rent was enhanced to Rs. 1,300/ - per month w.e.f. 1983.
(2.) ON first of September, 1992, second application for enhancement under the aforesaid section was filed. The prescribed authority by the order dated 21.4.1999, fixed the monthly rent at Rs. 2,652/ -. Being not satisfied with the said enhancement, the landlord -respondents preferred an appeal being Rent Control Appeal No. 30 of 1999, under section 22 of the Act, before the Court below. The Court below, by the impugned order, has enhanced the rent to Rs. 5067/ -. The said order is under challenge in the present writ petition. Heard the learned Standing Counsel for the petitioners and Sri Pankaj Naqvi, Advocate for the contesting respondent Nos. 1 and 2. In the present writ petition, the contesting respondents have not filed any counter -affidavit.
(3.) THE property in question is situate in Civil Lines, Bareilly. The valuer of the landlords fixed -the market value of the land at the rate of Rs. 1674/ - per sq. yard as against Rs. 70/ - per sq. yard, which was fixed by the valuer, who filed a report on behalf of the State of U.P. Before the Appellate Court, a copy of circle rate was filed which shows that the market value of the similar land, as involved in the present case, was fixed at Rs. 2,000/ - per sq. meter for the purposes of payment of stamp duty by the District Magistrate. Taking income consideration the facts of the case, the Appellate Court fixed the market value of the land at Rs. 1672/ - per sq. yard. I find no illegality on this point in the judgment of the Appellate Court. The Appellate Court has, thus, calculated total value of the land at Rs. 4,29,553.52 paise.;