POONAM SRIVASTAV,J. - (1.) HEARD Sri P.K. Shukla, counsel for petitioners and Smt. Rama Goel 'Bansal' counsel for contesting respondents.
(2.) AN application under Section 21 (8) of U.P. Act No. XIII of 1972 was filed by respondents claiming enhancement of rent from Rs.195/- to Rs.11,666/- per month, on the basis of market value of premises in question. The assessment of the premises was for a value of Rs.14,00,000/-(Rupees fourteen lakh). The U.P. State Electricity Board contested the application and another valuation report was filed valuing premises in question to a tune of Rs.4,87,000/-(Rupees four lakh eighty seven thousand). Rent Control and Eviction Officer allowed application vide judgment and order dated 7.2.2004 and fixed rate of rent @ Rs.11,660/- per month. The said order was challenged in Rent Control Appeal No.9 of 2004. Claim of petitioner is that 255.35 square meter land is used as common passage, therefore, it should not be included in valuation of the total land but having same been done, rent should be reduced. Additional District Judge/Special Judge (E.C. Act) Moradabad, vide judgment and order dated 28.2.2009 confirmed judgment and order of Rent Control and Eviction Officer. Submission of petitioner's counsel is manifold in respect of calculation of market value of premises as well as enhancement of rent on the basis of market value, which is fixed only the purposes of calculation and payment of stamp duty. It is also submitted that courts below have ignored objection of petitioners regarding valuation of land, which is much less as shown by tenant.
(3.) AFTER hearing counsels for respective parties and going through the record, I do not find it a fit case for interference under Article 226 of the Constitution of India since fixation of rent has been made on evaluation of evidence and there can not be reassessment of evidence. There is no provision under the Act to evict a public undertaking once a building is let out. The landlord is only left with the option of enhancement of rent. Admittedly, in a city like Moradabad, an area of 404.39 square meters is in tenancy with Electricity Board, therefore, rate of rent @ Rs.195/- per month is too meager. The judgment and orders of the courts below are fully justified. In the circumstances, writ petition lacks merit and is, accordingly, dismissed.;