Sibghat Ullah Khan, J. - (1.) ON the persuasion of the Court learned Counsel for both the parties have agreed for disposal of the writ petitions on the basis of the compromise suggested by the Court (op. cit). The facts of the case are that Shri A.N. Bhargava -petitioner No. 1 in the second writ petition and respondent No. 4 in the first writ petition is the landlord of the disputed house bearing No. 332 situate at New Basti, Kydganj -Allahabad containing three rooms and other amenities. Shri Bhargava the landlord field release application under section 16 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 before Rent Control and Eviction Officer, Allahabad claiming therein that the house in dispute was vacant as its previous tenant Sardar Mohan Singh had illegally handed over its possession to Sardar Gurcharan Singh. These two persons were real brothers. They were petitioners in the first writ petition and respondents in the second writ petition. Sardar Mohan Singh has died. Petitioner No. 2 in the second writ petition i.e. Shri Babbu Lal Singh had also applied for allotment. The case was registered as Case No. 223/79 -Ram Sundar Lal Mishra v. Amar Nath Bhargava. R.C. & E.O. Allahabad declared the house to be vacant and allotted the same to Indu Bhushan Das respondent No. 3 in the first writ petition and respondent No. 1 in the second writ petition through order dated 21.10.1981. Indu Bhushan Das has died and no one has been substituted at his place. Against the order of R.C. & E.O./A.D.M. Civil Defence, Allahabad dated 21.10.1981 Rent Control Revision No. 638 of 1981 was filed. Three other revisions had also been filed by unsuccessful allottees. The revisions were dismissed on 8.3.1983 hence these writ petitions.
(2.) LANDLORD 's revision was numbered as Revision No. 623 of 1981. The revision of Sardar Mohan Singh and Sardar Gurcharan Singh was registered as Revision No. 638 of 1981. Earlier by order dated 18.6.1981, R.C. & E.O. declared the vacancy. Copy of the said order is Annexure -3 to the first writ petition. Sardar Gurcharan Singh and Sardar Mohan Singh had stated that they were real brothers and their father was the original tenant. This version was not specifically disbelieved by the R.C. & E.O. R.C. & E.O. declared the vacancy only on the ground that Sardar Mohan Singh had permanently settled at Faizabad. R.C. & E.O. did not dis -believe the version that Sardar Mohan Singh and Sardar Gurcharan Singh were real brothers and their father was the tenant. After the death of the tenant both the sons inherited the tenancy (there is no finding that at the time of death of his father Sardar Gurcharan Singh was not residing with him). The vacancy declaration order is therefore illegal. Consequently allotment order is also illegal. However, the rent which Sardar Gurcharan Singh is paying i.e. Rs. 40/ - per month is virtually as well as actually no rent. It is rather ridiculous.
(3.) ACCORDINGLY , second writ petition is dismissed and first writ petition is allowed. The vacancy declaration order as well as allotment order are set aside. Sardar Gurcharan Singh is declared to be legal tenant of the premises in dispute. I have held in Khursheeda v. A.D.J. : 2004 (54) ALR 177 : 2004 (13) AIC 42 (Alld.) that while granting relief against eviction to the tenant in respect of building covered by Rent Control Act, Writ Court is empowered to enhance the rent to a reasonable extent. The house in dispute is situate in an important locality of Allahabad which is quite expensive city and prices of real estate in Allahabad are rapidly rising. The house in dispute contains three rooms and other amenities. Accordingly, it is directed that with effect from September 2007 onward tenant Sardar Gurcharan Singh shall pay rent to the landlord -A.N. Bhargava at the rate of Rs. 1,500/ - per month inclusive of water tax etc. No further amount over and above the amount of Rs. 1500/ - per month shall be payable by the tenant to the landlord.;