Siddhartha Varma, J. - (1.) This writ petition has been filed challenging the order dated 8.6.2018 which was passed by the Rent Control and Eviction Officer/City Magistrate, Jhansi on the application of the landlords-respondents under section 29(A)(5) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') by which the rent had been fixed as Rs.13,24,800/- per month which would be payable by the Bharat Petroleum Corporation Limited (henceforth called the 'tenant') to the landlords.
(2.) The petitioner-tenant, while assailing the order, has made the following submissions : (i) There was no evidence available with the Authority namely the Rent Control and Eviction Officer/City Magistrate, Jhansi and yet he had fixed the market value of the property of the year 2015, the year the application was made by the landlord as 14,35,20,000/-; (ii) The further contention of the petitioners was that the circle rate prevailing in the area could not have been taken into account while fixing the market value of the property; (iii) The valuer's report as was submitted by the landlords had arbitrarily fixed the market value of the property; (iv) The Authority could not have come up with two rates of rent. One payable between 2008-2015 and another for the period thereafter; (v) The Rent Control and Eviction Officer could not have fixed rent which was more than the rent that was asked for by the landlords.
(3.) In this connection learned counsel for the petitioners has cited a judgment of the Supreme Court reported in (Trust Jama Masjid Waqf No.31 Vs. Lakshmi Talkies & Ors., 2010 9 SCC 78) and specifically read out paragraph 17, which is being reproduced here as under: "17. We are unable to subscribe to the view of the High Court. The circle rate fixed under the Stamp Rules is ordinarily the general rate for a particular area and may provide some indication but such rate cannot be decisive of the prevalent market value of the land concerned. An exemplar showing sale of nearby land may help in determining the market value of the demised land but there is no exemplar here. The valuer's report, however, shows that the demised land is situate on the main road from Holy Gate to Collectorate and Civil Lines near the Roadways Bus-stand and Mathura-Cantt., Railway Station. The High Court has not taken into consideration the valuer's report and the evidence let in by the landlord at all. We are, thus, satisfied that the High Court was not justified in fixing the rent of the said land at the rate of Rs. 2500/- p.m. solely based on the circle rate fixed under the Stamp Rules. The consideration of the matter by the High Court suffers from legal flaw and cannot be sustained.";