Yatindra Singh, J. - (1.) This writ petition raises questions : Whether a landlord is required to allege and prove bona fide requirement in an application under Section 21 (8) of the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (the Act) for enhancement of the rent ? Is Section 21 (8), a proviso to Section 21 (1) (a) of the Act ? This is how these questions arise. FACTS
(2.) The Punjab National Bank (the Bank) was a tenant of a portion of Building No. 7, Darshani Gate, Dehradun (the premises) prior to 9.2.1968 at the rate of Rs. 400 per month. Sri Tej Prakash and Sri Purshottam Das (the contesting respondents) are the landlords. A lease deed was executed on 9.2.1968 between the parties and the rent was enhanced to Rs. 530 per month. This lease was for a period of 10 years, which could be renewed for period of another 10 years. There is no mention if the rent could be enhanced or not.
(3.) The contesting respondent filed an application on 1.8.1985 for enhancement of rent under Section 21 (8) of the Act. This application was allowed by respondent No. 1 by his order dated 25.6.1987 and the rent was enhanced to Rs. 3.998 per month. Both sides filed appeals that were dismissed but there was some calculation mistake, which was corrected by the appellate court. This is not disputed here in the writ petition. After correction the rent was fixed at Rs. 3.878 per month. Hence the present writ petition by the Bank. Does a landlord have to allege or proof bonafide need in an application under Section 21 (8) of the Act?;