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State Of U.P. v. Vii A.D.J. & Others - WRIT - A No. 3520 of 1994 [2006] RD-AH 1331 (18 January 2006)


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(Court No. 51)

Civil Misc. Writ Petition No. 3520 of 1994

State of U.P Versus VII Additional District Judge,        

Muzaffar Nagar and others.

Hon'ble S.U.Khan J

Heard learned counsel for the parties.

This writ petition by tenant/ State of U.P is directed against orders passed by R.C & E.O and Additional District Judge on the application of landlord respondent for enhancement of rent under section 21(8) of U.P Act No.13 of 1972. The case was registered as case No. 37 of 1990 on the file of R.C & E.O, Muzaffar Nagar. Agreed rent was Rs. 700/- per month. R.C & E.O by order dated 27.3.1992, enhanced the rent to Rs. 3800/- per month with effect from 1.6.1990. Against the said judgment and order both the parties filed appeals being R.C Appeal No. 25 and 26 of 1992. VII A.D.J Muzaffar Nagar through judgment and order dated 13.9.1993 dismissed the appeal of the landlord and allowed the appeal of the tenant in part. Appellate court determined the rent at the rate of Rs. 3720/- per month. Landlord has not filed any writ petition. The order of the appellate court dated 13.9.1993 is under challenge in this writ petition by the tenant.

I do not find any error in the finding of the appellate court in respect of determination of market value of the construction. However both the courts below ascertained the valuation of land to be Rs. 3000/- per square yard. Building in dispute is situate on the first floor. Both the courts below determined the market value of the land on the ground floor to be Rs. 10000/- per square yard and taking 30% of the same, determined the market value of the land of the building in dispute which is situate on the first floor to be Rs.3000/- per month.

In my opinion the valuation of land determined by the courts below was on slightly higher side. Learned counsel for both the parties stated that as the matter was quite old hence it might finally be decided here instead of remanding the same. After taking the entire facts and circumstances of the case, I am of the opinion that it would be in the interest of justice if rent is determined at the rate of Rs. 2000/- per month (while passing interim order on 11.10.1999, this court directed the tenant to pay the rent at the rate of Rs. 2000/- per month, during pendency of the writ petition. The said rent is being paid).

Accordingly writ petition is disposed of. Impugned orders are modified to the extent that rent is determined to be Rs. 2000/- per month payable with effect from 1.6.1990.




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