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SMT. PREM LATA SHARMA versus ADDL. DISTRICT & SESS. JUDGE & OTHERS

High Court of Judicature at Allahabad

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Smt. Prem Lata Sharma v. Addl. District & Sess. Judge & Others - WRIT - A No. 27500 of 2002 [2006] RD-AH 14880 (30 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

 Court no. 7                                                        

         Civil Misc. Writ Petition No. 27500 of 2002

Smt. Prem Lata Sharma        vs. Additional District & Sessions Judge,

                                                    Court no.6 Bulandshahar,

                                                    Bulandshahar and another.

Hon'ble Rakesh Tiwari,J.

List has been revised. None appears for the petitioner.Heard counsel for the petitioner and perused the record.

Brief facts of the case are that a suit under Section 21(8)) of U.P. Act No. 13 of 1972 was filed by the petitioner for enhancement of the rent of the accommodation in dispute before the Prescribed Authority, Bulandshahar.

Respondent no. 2, Punjab National Bank is the tenant in the disputed house.  

         The Prescribed Authority vide order dated 24.5.1999 allowed the petitioner's suit enhancing the rent of the accommodation in the tenancy of the respondent to Rs.7336/- per month.

       Aggrieved by the aforesaid order dated 24.5.1999 of the Prescribed Authority the respondent went in appeal before the appellate Court which partly allowed the appeal by order dated 22.4.2002 reducing the rent from Rs.7336/- to Rs.4812.50 per month, hence this writ petition.

This petition has been filed in 2002 but it is now listed in 2006. With passage of time the rent is to be increased proportionately in addition to notional increase of 5% in rent every 5 years.  The writ Court can enhance the rent to a reasonable extent as has been held in Rajeshwari  (Smt.) Vs. Smt. Prema Agarwal, 2005(1) ARC-526, Hari Mohan Kichlu Vs. VIIIth A.D.J. Muzaffarnagar and others, 2004 (2) ARC-652 and Khurshida Vs. A.D.J. 2004(2) ARC-64.

Considering the fact that the appellate Court has reduced the rent from Rs.7336/ to Rs. 4812.50 per month it would be appropriate that the rent of the disputed accommodation now be increased from Rs.4812.50 to Rs. 8,000/- per month.  The tenant-Punjab National Bank shall pay a sum of Rs. 8000/-towards rent to the landlord per month w.e.f. 1.9.2006. The rent shall be by 7th of each month till further orders. In case of default in payment of the current rent as directed by this Court the landlord can get the disputed accommodation vacated with the help of police within a period of one month by giving notice in writing.

List for hearing in ordinary course.

Dated 30.8.2006

CPP/-

 

 Court no. 7                                                        

         Civil Misc. Writ Petition No. 27500 of 2002

Smt. Prem Lata Sharma        vs. Additional District & Sessions Judge,

                                                    Court no.6 Bulandshahar,

                                                    Bulandshahar and another.

Hon'ble Rakesh Tiwari,J.

List has been revised. None appears for the petitioner.Heard counsel for the petitioner and perused the record.

Brief facts of the case are that a suit under Section 21(8)) of U.P. Act No. 13 of 1972 was filed by the petitioner for enhancement of the rent of the accommodation in dispute before the Prescribed Authority, Bulandshahar.

Respondent no. 2, Punjab National Bank is the tenant in the disputed house.  

         The Prescribed Authority vide order dated 24.5.1999 allowed the petitioner's suit enhancing the rent of the accommodation in the tenancy of the respondent to Rs.7336/- per month.

       Aggrieved by the aforesaid order dated 24.5.1999 of the Prescribed Authority the respondent went in appeal before the appellate Court which partly allowed the appeal by order dated 22.4.2002 reducing the rent from Rs.7336/- to Rs.4812.50 per month, hence this writ petition.

This petition has been filed in 2002 but it is now listed in 2006. With passage of time the rent is to be increased proportionately in addition to notional increase of 5% in rent every 5 years.  The writ Court can enhance the rent to a reasonable extent as has been held in Rajeshwari  (Smt.) Vs. Smt. Prema Agarwal, 2005(1) ARC-526, Hari Mohan Kichlu Vs. VIIIth A.D.J. Muzaffarnagar and others, 2004 (2) ARC-652 and Khurshida Vs. A.D.J. 2004(2) ARC-64.

Considering the fact that the appellate Court has reduced the rent from Rs.7336/ to Rs. 4812.50 per month it would be appropriate that the rent of the disputed accommodation now be increased from Rs.4812.50 to Rs. 8,000/- per month.  The tenant-Punjab National Bank shall pay a sum of Rs. 8000/-towards rent to the landlord per month w.e.f. 1.9.2006. The rent shall be by 7th of each month till further orders. In case of default in payment of the current rent as directed by this Court the landlord can get the disputed accommodation vacated with the help of police within a period of one month by giving notice in writing.

List for hearing in ordinary course.

Dated 30.8.2006

CPP/-

 


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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