S.U.KHAN, J. - (1.) THE case was taken up in the revised list, however no one appeared on behalf of contesting respondents Basic Shiksha Parishad and Basic Shiksha Adhikari. In the building in dispute, a school is being run. On the suggestion of the Court, learned Standing Counsel for the State of U.P. agreed to argue the case on behalf of contesting respondents. On the direction of the Court, learned Counsel for the petitioner handed over his file to the learned Standing Counsel in order to enable him to prepare and argue the case.
(2.) HEARD learned Counsel for the petitioner and learned Standing Counsel for contesting respondents. This is landlord's writ petition arising out of proceedings for enhance­ment of rent under section 21 (8) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Building in dispute is on rent with Basic Shiksha Parishad/B.S.A., Bulandshahr in which a school is being run. Total area of the property in tenancy occupation of the contesting respondents is 266 square yards. Prior to 1989 rent was Rs. 902.50/- per month, which was earlier fixed on similar application. The application for enhancement of rent giving rise to the instant writ petition was filed in the year 1989 and was registered as Case No. 37 of 1989 on the file of R.C. and E.O./S.D.O., Khurja, District Bulandshahr. Under section 21 (8) of the Act, second application for enhancement of rent may be filed after five years.
(3.) IN the application, it was prayed that rent must be enhanced to Rs. 4166.66/- as market value of the property was Rs. 5 lacs. Landlord filed val­uer's report, copy of which is Annexure,3-A to the writ petition. Valuer stated that revenue authorities had fixed rate of Rs. 3000/- per square yard of the land situate on road side, however the valuer assessed the land of the tenanted accommodation at Rs. 1500/- per square yard, i.e., total valuation of Rs. 3,99,000/-. Valuation of the building was assessed at about Rs. 1,50,000/-. In this matter, total valuation was assessed to be about Rs. 5,50,000/- R.C. and E.O. reduced the valuation of construction to Rs. 75,000/- and of land to Rs. 2,66,000/-(@ Rs. 1000/- per square yard). In this manner, valuation determined by R.C. and E.O. came to Rs. 3,41,000/-, hence R.C. and E.O. determined the monthly rent at Rs. 2842/- payable w.e.f. 1.10.1989 (application was filed in September, 1989). Against the said order of R,C. and E.O., landlord filed the appeal. Appellate Court determined the market value of land at Rs. 1200/- per square yard as against the rate of Rs. 1000/- per month determined by R.C. and E.O. Appellate Court enhanced the rent to Rs. 3200/- per month.;