J.C.Gupta, J. - (1.) This is landlord's petition arising out of the decision of the respondent No. 1 dated 27.9.1997 whereby the appeal filed by the petitioner has been dismissed and the one preferred by respondent No. 4 has been allowed.
(2.) The dispute is in relation to the rate of rent of a building situated at 16 C. Y. Chintamanl Road. George Town, Allahabad which is admittedly in the occupation of respondent No. 4 as tenant on behalf of the petitioner, at the rate of Rs. 1,250 per month. The petitioner filed an application under Section 21 (8) of the U. P. Act No. 13 of 1972, (hereinafter referred to as the Act), for the enhancement of rent alleging therein that the market value of the tenanted property is not less than sixty lakhs and accordingly, he is entitled to get rent at the rate of Rs. 50,000 per month. The accommodation in dispute consists of a double storey building with land. The same was got assessed by Sri G. S. Birdie, a Chartered Engineer and Consulting Civil Engineer, who is also an approved and registered valuer for Immovable property for income-tax and other tax purposes. The report of the said expert was filed before the Rent Control and Eviction Officer from the side of the petitioner. According to the said report, the monthly rent of the building in question comes to Rs. 51,000 as per the following calculations : Value of building A . (i) Ground floor : Area measuring 829.02sq. 8.29 lacsmts. at the rate of Rs. l,000 per sq. mts. (ii) Ist floor : Area measuring 449.19 sq. mts. at 3.59 lacsthe rate of Rs. 800 per sq. mts. (iii) Servant Quarter : Area measuring 160.30 0.80 lacssq. mts. at the rate of Rs. 500 per sq mts. Totsl value 12.68 lacs Value of Land B . Area 4622.44 sq. mts. at the rate of Rs. 1,050 48.53 lacs per sq. mts. Total market value 61.21 lacs (12.68* 48.53) Monthly rent = [(61.21 x10) / 100] x (1/12) = 61.00
(3.) The respondents denied the claim of the petitioner on the ground that the building under tenancy is on lease land and is in a dilapidated condition and further that the lease has not been got renewed. No report of any valuer was, however, filed on their behalf, instead a copy of an application moved by one Chandra Pratap Singh under Section 133, Cr. P.C. and a letter purporting to be sent by Nagar Mahapalika in response to the letter of the City Magistrate, Allahabad were filed on behalf of the respondents in order to demonstrate that the building is not in a perfect and sound condition.;