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2013 Supreme(All) 36

ALLAHABAD HIGH COURT
Sudhir Agarwal, J.
Rani Luxmibai Kshetriya Gramin Bank, Jhansi and Another -Appellant
Versus
Santosh Kumr Nuna and Others -Respondent
Writ - A No. 76632 of 2005
Decided On : 04-01-2013

Ramesh Singh, D. Vaish, K.L. Grover, Advocate, for the petitioner
Madhav Jain, Ashish Agarwal, N.K.Pandey, Advocates, for the respondents.

The main legal point established in the judgment is the court's reluctance to interfere with the rent determinations under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, in the absence of any apparent error.

Headnote:

Rent Control - U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - The court upheld the determination of rent under Section 21(8) of the Act, 1972, and found no error warranting interference with the impugned orders.

Fact of the Case:

The Rent Control and Eviction Officer determined the rent for the property in dispute under Section 21(8) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Both the petitioner-tenants and respondent-landlords filed appeals, resulting in different rent determinations.

Finding of the Court:

The court found no error apparent on the face of the record in the impugned orders and dismissed the writ petition, thereby upholding the rent determinations.

Issues: The issues revolved around the determination of rent under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, and the appeals filed by the petitioner-tenants and respondent-landlords.

Ratio Decidendi: The court's decision was based on the lack of any apparent error in the impugned orders and the absence of grounds warranting interference.

Final Decision: The petition was dismissed, and any interim order was vacated.

Sudhir Agarwal, J.—

Called in revised. None appeared on behalf of petitioner. Sri Ashish Agrawal, learned counsel for respondents is present. However, I have perused the record.

2. It appears that Rent Control and Eviction Officer, Lalitpur determined rent under Section 21(8) of U.P. Urban Buildings (Regulation of Letting, Rent and Evic#31;tion) Act, 1972 (hereinafter referred to as the "Act, 1972") in respect to property in dispute as Rs. 6168/- per month w.e.f. 03.01.1996, whereagainst petitioner-tenants and respondent-landlords both filed appeals. Petitioner-tenants' Appeal No. 02 of 2003 has been rejected but respondent-landlords' Appeal No. 01 of 2003 has been partly allowed determining rent as Rs. 10,449/- per month w.e.f. 18.02.1993.

3. Having gone through the impugned orders as also pleadings and grounds taken in writ petition, I do not find any error apparent on face of record in the orders impugned in this writ petition warranting interference.

4. Dismissed. Interim order, if any, stands vacated.

Petition dismissed.

_____________

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