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State Of U.P. Thru' Director Culture U.P. & Another v. Sri Anand Chandra Sharma And Another - WRIT - A No. - 3799 of 2004 [2007] RD-AH 15512 (13 September 2007)

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Court No.07

Civil Misc. Writ Petition No.3799 of 2004

State of U.P. and another Vs. Sri Anand Chandra Sharma and another

Hon'ble S.U. Khan, J.

Heard learned counsel for the parties.

This is tenants' writ petition arising out of proceedings for enhancement of rent initiated by landlords respondents under Section 21 (8) of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972. The case was registered as case No.364 of 1995 on the file of R.C. & E.O./ A.D.M. (Civil Supplies), Agra. Property in dispute is situate over an area of 242 squire yards. It contains five rooms, one store room with other amenities along with open space in the form of lawn and court yard. At the time of filing of application for enhancement of the rent, rent was Rs.1156.25/-. R.C. & E.O., through order dated 25.10.1997, enhanced the rent to Rs.5833.33/- per month determining the valuation of the building to be Rs.7/- lacs. Against the said order, tenant State filed appeal being R.C. Misc. Appeal No.51 of 2001. A.D.J., Court No.9, Agra allowed the appeal in part on 20.05.2003 and enhanced the original rent only to Rs.4167/- per month determining the total valuation of the building in dispute to be Rs.5/- lacs.

Both the parties had filed valuation reports. On behalf of the landlord, Sri R.K. Dwivedi, the valuer/ architect, had filed valuation report. On behalf of State tenant, Sri N.C. Jain valuer had filed valuation report, which was numbered as Paper No.23-A. The Appellate Court rejected the valuation report of landlord's valuer, i.e. Sri R.K. Dwivedi and accepted the report of State tenant's valuer, Sri N.C. Jain.

As the lower Appellate Court accepted the report of the valuer of tenant and determined the rent on the basis of the said report, hence tenant cannot have any grievance against the said order. Moreover, rent of about Rs.4,000/- for a house situate in Agra over an area of about 250 squire yards containing five rooms and other amenities cannot be said to be side.

Accordingly, there is not merit in the writ petition, hence it is dismissed.

However, for payment of arrears till date after adjusting the amount, which has already been paid under interim order passed by this Court, six months' time is granted to the petitioners.




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