ORDER

Sapru, J. - The applicant in this revision is a tenant of about eleven years' standing. He was, under an agreement in writing, dated 14th November 1944, bound to pay a rent of Rs. 3-8-0 per month for the house he was occupying. Before that date he was paying a rent of Rs. 2-8-0. According to the municipal assessment of April 1942 the rental value of the house is Rs. 3 p. m.

2. The landlord applied to the Court under the U. P. Control of Rent and Eviction Act (Act III [3] of 1947) to enhance the rent which the applicant had been paying to him from and about the year 1944. The suit which was brought by him purports to be u/s 8 (4) of the said Act. By its order dated 15th May 1948, the Court enhanced the rent of the house in suit to Rs. 10 p. m. It is against that order of the learned. Munsif that the applicant has come up in revision to this Court. Section 5 (1) of the Act layer down that

"the rent payable for any accommodation to which this Act applies shall be such as may be agreed upon between the landlord and the tenant."

There was an express agreement between the landlord and the tenant whereby the tenant was bound to pay Rs. 3-8-0 per month as rent of the house be was occupyi