Judgment

RAJENDRA BABU, J.

( 1 ) 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. 00er 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. 00 per month from 1-10-1984 to 30-9-1989 with a further renewal on increase of rent @ 25% on the rent of Rs. 1,350. 00. 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 S. 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. Agrawal dated 11 -12-1985 assessing the market value of the building at Rs. 16,50,000. 00. On the basis of this report the respondent claimed a rent of Rs. 13,750. 0