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2015 Supreme(All) 3685

SUNITA AGARWAL
U. P. Power Corp. Ltd. – Appellant
Versus
Ajeet Kumar Jain – Respondent


Advocates Appeared:
For the Petitioner: Anil Kumar Srivastava,Baleshwar Chaturvedi,S.K. Srivastava
For the Respondent: V.K. Mishra,P.K. Sinha

JUDGMENT

Mrs. Sunita Agarwal, J.

Heard Shri Anil Kumar Srivastava, learned counsel for the petitioner and Shri P.K. Sinha, learned counsel for the respondents.

2. This writ petition arises out of the proceedings under section 21(8) of U.P. Act No. 13 of 1972(hereinafter referred to as the Act) for enhancement of rent.The landlord filed application under section 21(8) of the Act on 23.9.1999 which was allowed on 28.2.2001. The Rent Appeal filed against the order of enhancement of rent was dismissed on 16.10.2014, hence this petition.

3. Challenging the order passed by the court below for enhancement of rent , the submissions of the learned counsel for the petitioners are two folds. The first contention is that both the courts below have relied upon the valuer report filed by the landlord and there was no other material to compute the rent of the premises in question. The second contention is that the building in question is more than 100 years old, while computing the market value of the building, the age of the building has not been taken into consideration . The rent could not have been computed by taking value of building in the year 2001.

4. Repelling both the aforesaid contentio








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