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1980 Supreme(All) 537

S.D.AGARWALA
Rajpal Singh – Appellant
Versus
Banarsi Dass Pushkar Dayal Through Sri Om Prakash Partner, Matawala Gher, Muzaffarnagar – Respondent


Advocates appeared:
A. Hajela, Radha Krishna, Prakash Krishna

JUDGMENT

S. D. Agarwala, J.

1. THIS is a petition under Article 226 of the Constitution of India challenging the order of the Rent Control and Eviction Officer dated 16th November, 1978 and the appellate order dated 2nd November, 1979 fixing the standard rent in respect of the building in dispute at the rate of Rs. 225/- per month.

2. THE property in dispute is half portion of 37-A, New Mandi, Muzaffarnagar. The property was in existence on 15th July, 1972, when U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P. Act No. XIII of 1972, hereinafter referred to as the Act, came into force. Prior to the coming into force of the Act the entire house no. 37-A was under the tenancy of Krishi Nirikshak Buffer Godown on a monthly rent of Rs. 450/- per mensem. In November 1972 the Krishi Nirikshak vacated the godown. Half portion was allotted to one Nagina Singh and the other half portion was allotted to the petitioner on 23rd February, 1973. After the allotment of the accommodation in favour of the petitioner the petitioner moved an application before the Rent Control and Eviction Officer on 30th May, 1973 for determining the rent payable by the petitioner. The



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