Yatindra Singh, J. - (1.) Union of India is a tenant of the premises in dispute, it has filed the present writ petition against the impugned order dated 31.1.1997 and 8.12.1998 in proceeding under Section 21 (8) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (the Act for short). FACTS :
(2.) The Union Government Central Excise and Customs, New Delhi is the tenant of the premises in dispute. The rate of the tenancy was Rs. 1.500 per month, initially landlord filed an application under Section 21 (1) (a) of the Act for ejectment of the tenant on the ground of the personal need. This application was ultimately dismissed on 30.4.1998 on the ground that no application could be filed against Central Government under Section 21 (1) (a) of the Act. It was during this case that present application under Section 21 (8) of the Act was filed. This application was allowed on 31.1.1997 enhancing rent from Rs. 1,500 per month to Rs. 21,000 per month. The Central Government filed an appeal against this order. This was partly allowed on 8.12.1998. The rent was fixed at Rs. 19.500 per month. It is against this order that the present writ petition has been filed. POINT FOR DETERMINATION
(3.) I have heard the learned counsel for the parties. Following points are for consideration : Whether any proceeding for enhancement of rent can be taken under Section 21 (8) of the Act in respect of building which is under the tenancy of the Central Government? FINDING;