POONAM SRIVASTAV, J. - (1.) HEARD learned Standing Counsel for the petitioner, Sri Bhagwati Prasad, Senior Advocate, assisted by Sri Krishna Mohan Advocate for the respondent No. 1 and Ms. Tulika Prakash Advocate on behalf of newly impleaded respondent M/s. Madhu Colonizers Private Limited through its Managing Director.
(2.) COUNTER and rejoinder affidavits have been exchanged which are on record. An impleadment application dated 22.11.2006 was filed in the instant pending writ petition on the ground that on the basis of a nomination deed exe­cuted in favour of M/s. Madhu Colonizers Private Limited, respondent No. 2 for getting the property free hold, the rent is being transferred to the newly re­spondent. The property in dispute originally belonged to Chinta Mani Ghos Trust. The application for impleadment of respondent No. 2 was allowed vide order dated 18.1.2007. The necessary corrections have already been carried out in the array of parties.
(3.) THE erstwhile landlord/respondent No. 1 filed an application under section 21 (8) of the U.P. Act No. 13 of 1972 (hereinafter referred as the Act) for enhancement of rent of the premises in question before the R.C. and E.O., Allahabad. The case was numbered as case No. 139 of 1993. The application for enhancement of rent was allowed on 9.3.1998 and the rent was enhanced from Rs. 400/- to Rs. 30,000/- per month. This order was challenged before the Additional District Judge, Court No. 12, Allahabad. The order of the R.C. and E.O. was set aside vide order dated 18.10.2002 and the matter was remanded for fresh consideration. Once again the rent was enhanced from Rs. 400/- to Rs. 1740/- per month vide order dated 22.11.2003 which was challenged in Rent Appeal No. 81 of 2003. The appeal was decided vide judgment and order dated 28.5.2005 fixing rent at the rate of Rs. 32,900/- per month with the direction that the said rent is payable w.e.f. 1st September, 1993. Aggrieved by the aforesaid judgment and order, the instant writ petition has been preferred.;