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  • Section 21(1)(a) of U.P Act 13 of 1972
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  • Section 21(1)(a) of U.P Act 13 of 1972

    Mohd. Shafi (Dead) Through Lrs. And Others v. Farhat Ali Khan .

    Order

    1. Substitution allowed. Leave granted. In the present matter the application under Section 21(1)(a) of U.P Act 13 of 1972 was filed by the landlord for release of the accommodation in dispute. In Writ Petition No. 36326 of 2006, which is pending even today before the High Court, the learned Single Judge has increased the rent without any basis from Rs 100 to Rs 4000.

    2. Repeatedly this Court has taken the view that without any basis and without valuation report being submitted it is not open to the High Court to unilaterally increase the rent. However, despite this Court's orders the High Court continues to pass orders increasing the rent arbitrarily without any basis.

    3. For the aforestated reasons the impugned order is set aside. The High Court is requested to hear and dispose of the main matter on merits as expeditiously as possible and within one year from today. The appeal is disposed of.

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    Comments

    Mohd. Shafi (Dead) Through Lrs. And Others v. Farhat Ali Khan .
    (Jan 3, 2008)