D.P.Singh, J. - (1.) HEARD, counsel for the petitioner and Sri M. K. Gupta for the contesting respondent.
(2.) THIS petition is directed against concurrent orders dated 20.12.2004 and 3.3.2006 by which the application of the respondent landlord for enhancement of rent under Section 21 (1)/(8) of U. P. Act No. XIII of 1972 (here-in-after referred to as the Act) has been allowed. The office of the District Cane Officer, Muzaffarnagar was situated in a rented premises No. 406, Kambalwala Bagh, commonly known as 'Shyam Kutir' (here-in-after referred to as the disputed premises). It stands on an area of about 1459.35 sq. meters, including land appurtenant. Admittedly, the respondent Nos. 1 and 2 are the landlords and respondent No. 3 was their agent and power-of-attorney holder receiving rent from the petitioner tenant. An application under Section 21 (8) of the Act for enhancement of the rent was moved by the three respondents which was registered as Case No. 31 of 1998 claiming enhancement of rent to the tune of Rs. 36,250. The respondents also filed a copy of the map of the premises alongwith the application. In support of their case, they filed a report of the Government approved valuer dated 9.9.1998 together with the power-of-attorney and other documents. The petitioner filed his objection dated 17.12.1998 denying the allegations. The trial court after considering the report of the valuer, the circle rate fixed for the area by the District Magistrate, Muzaffarnagar under the Stamp Rules and also considering the fact that no rebuttal evidence has been filed, vide order dated 20.12.2004, returned a finding fixing valuation of the land at Rs. 29,90,720 and valuation of the building at Rs. 7,48,024 and after finding the combined value at Rs. 37,38,744, applying the method adopted in Section 21 (8) of the Act, fixed the rate of rent at Rs. 31,156 per month. However, it held that the enhanced rent would be payable from 1.1.2005 since the increase was about 300 per cent and that the petitioner tenant had filed his own valuation report. The respondent landlord filed an Appeal No. 19 of 2004 against that portion of the order where the enhanced rate was to be paid with effect from 1.1.2005 while the petitioner tenant filed their Appeal No. 4 of 2005 against the entire order. The revisional court dismissed the appeal of the petitioner tenant and allowed that of the respondent landlord vide its judgment dated 3.3.2006.
(3.) IT is admitted to the parties that during the pendency of the proceedings, the premises has been vacated by the petitioner-tenant and they have deposited the entire decretal amount together with enhanced rent which has been paid to the respondents. Nevertheless, the learned standing counsel insist for a decision on merits. It is firstly urged that Smt. Ashok Lata Mittal was neither the landlord nor her affidavit could be considered in favour of the landlords as the alleged power-of-attorney was forged. It is admitted case of the parties and is also evident from the record that the application for enhancement was filed on behalf of respondent Nos. 1 and 2 also who, even according to the petitioner, are the owners of the building apart from respondent No. 3. It is evident that she was their real 'bua' (real sister of the father of respondent Nos. 1 and 2) and the legal agent, who was realizing the rent from 1971 onwards and issuing receipts thereof. Under Section 3 (j) of the Act, 'landlord' has been defined as a person to whom rent is paid or payable and includes agent or attorney of such person. There is voluminous evidence on record to show that the petitioner himself has been paying rent to the respondent No. 3 since 1971 and there is a series of correspondence exchanged between the petitioner and respondent No. 3, thus, there can be no doubt that for the purposes of this Act, even the respondent No. 3 would be covered by definition of landlord. Both the courts below have considered this argument in detail and have returned convincing finding which has not been shown to be perverse. Accordingly, the argument cannot be sustained.;