JUDGMENT

V.N. Khare, J. -The appellant herein is the landlord of shop No. 142, Mohalla Parwaran in the town of Jhansi and the respondent is the tenant of the said shop on rent at the rate of Rs. 10/- per month. It appears that there is long standing dispute between the parties regarding payment of rent with the result the respondent tenant had been depositing rent under Section 7-C of the U.P. Act No. III of 1947. By U.P. Act No. XIII of 1972, U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act) which came into force on 15th July, 1972, the Act No. III of 1947 was repealed. After coming into force of the Act, the respondent continued to deposit rent under Section 30 of the Act. Section 5 of the Act provided that in case of tenancy continuing from before the commencement of the Act, in respect of a building to which the old Act was applicable, the landlord may, by notice in writing, given within three months from the commencement of this Act, enhance the rent payable therefor to any amount not exceeding the standard rent.

2. In pursuance of the aforesaid provision, the landlord sent a notice on 8th October, 1972 enhancing the rent. Admittedly,