J.C. Gupta, J. - (1.) By means of this writ petition, the petitioners have prayed for quashing the order dated 7.6.1996 passed by the District Judge, Dehradun, respondent No. 1 allowing Rent Appeal No. 93 of 1995 in part which was preferred by the landlord against the order dated 27.7.1994 made by the Additional District Magistrate under the delegated powers of the District Magistrate.
(2.) It is not disputed that the petitioners are tenant in the accommodation in question of which respondent No. 2 is the landlord. It is also not disputed that the petitioners were paying rent at the rate of Rs. 1,654 per month. The landlord moved an application under Section 21 (8) of the U. P. Act No. XIII of 1972. (hereinafter referred to as the Act) for enhancement of rent. The reports of valuer from both the sides were filed before the Addl. District Magistrate. The said authority, however, rejected the landlord's application mainly on the ground that since rent had already been determined earlier in the year 1989, the application under Section 21 (8) which was moved on 15.3.1993 was not maintainable. The appellate authority, however, overruled the said view of the District Magistrate holding that the bar of five years relied upon by the tenant was applicable only when rent has earlier been revised under the provisions of Section 21 (8) of the Act and it was not applicable where the parties by mutual agreement have revised the rent. The appellate authority thereafter examined the matter and has determined the market value of the building under the tenancy of the petitioner at Rs. 4.48,452 and the monthly rent at Rs. 3,737.
(3.) Learned counsel appearing for the petitioner firstly argued that the application of the landlord for enhancement of rent moved under Section 21 (8) of the Act was not legally maintainable because of the bar contained in second proviso to Section 21 (8) which states that similar application for determination of rent is not maintainable before the expiration of a period of five years from the date of the last order of enhancement. He argued that the District Magistrate in the present case with the mutual agreement of the landlord had fixed the rent at the rate of Rs. 1,654 per month by the order made in the year 1989 and thus the present application moved on 15.3.1993 for enhancement of rent was not maintainable. This submission of the learned standing counsel is wholly misconceived. The second proviso to Section 21 18) of the Act reads as under : "Provided further that a similar application for further enhancement may be made after the expiration of a period of live years from the date of the last order of enhancement.";