JUDGMENT

Rejendra Babu, J.-Leave granted.

2. The respondent is owner of a premises at Kasia Road, Deoria which was tenanted to the appellant-Bank. The land in which the said premises is situated measures approximately 12,000 square feet and the built area under the occupation of the appellant-Bank as a tenant is approximately 2,933 square feet at a rent of Rs.300/- per month. In the said building the appellant-Bank had located its branch for several decades. Subsequently the rent was sought to be enhanced at Rs. 1,350/- per month from 01.10.1984 to 30.09.1989 with a further renewal on increase of rent @ 25% on the rent of Rs. 1,350/-. However, this proposal of the respondent was not accepted by the appellant. The respondent apart from filing a civil suit for eviction of the appellant also filed an application for enhancement of rent under Section 21(8) Proviso I thereto of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972. The respondent relied upon a valuation report given by Shri J.P. Aggarwal dated 11.12.1985 assessing the market value of the building at Rs. 16,50,000/-. On the basis of this report the respondent claimed a rent of Rs.13,750/- per month fr