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2006 Supreme(All) 963

S.U.KHAN
LALJI TANDON – Appellant
Versus
CITY MAGISTRATE/RENT CONTROL & EVICTION OFFICER, FATEHGARH – Respondent


Advocates appeared:
S.C. Budhwar for the Petitioner; S.D. Pathak, S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—In this writ petition, interpretation of Section 29-A (5) of U.P. Act No. 13 of 1972 is involved. Sub-sections (2), (3) and (5) of Section 29 A are quoted below:

“29-A. Protection against eviction to certain Classes of tenants of land on which building exists :

xxx xxx xxx

(2) This section applies only to land let out, either before or after the commencement of this section, where the tenant, with the landlord’s consent has erected any permanent structure and incurred expenses in execution thereof.

(3) Subject to the provisions hereinafter contained in this section, the provisions of Section 20 shall apply in relation to any land referred to in sub-section (2) as they apply in relation to any building.

xxx xxx xxx

(5) The District Magistrate on the application of the landlord or the tenant determine the annual rent payable in respect of such land at the rate of ten per cent per annum of the prevailing market value of the land, and such rent shall be payable, except as provided in sub-section (6) from the date of expiration of the term for which the land was let or from the commencement of this section, whichever is later.

xxx xxx xxx”

2. This i










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