ORDER S.D. Agarwal, J. - This is a petition under Article 226 of the Constitution of India. 2. The facts are very brief. The property in dispute is a godown in house No. 3, Mohalla Misrana, Shikohabad. Mahedra Singh, respondent No. 2, is the tenant. Petitioners are the landlords. The tenancy was created in the year 1963. It is not disputed that an agreed rent was fixed at Rs. 15/- per month. 3. On 15th July, 1972, the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) came into force. On 9th September, 1972, the landlords gave a notice to the tenant enhancing the rate of rent of the godown by Rs. 3.75 per month, which was 25 per cent of the agreed rent, namely Rs. 15/- per month. The rent from 15th July, 1972, became Rs. 18.75 P. per month. 4. The tenant did not pay rent. Therefore, a notice of demand was sent by the landlords, which was served on the tenant on 21st November, 1974. The tenant did not pay the amount. A suit No. 35 of 1975 was filed in the Court of Judge, Small Causes, Shikohabad, for ejectment on the ground of default. 5. On 14th October, 1978, the Judge, Small Causes Court, Shikohabad, decreed the suit holding that the rate of rent was Rs. 18.75 P. per month and that the tenant was clearly a defaulter. Aggrieved by the said decision, a revision was filed in the Court of the 2nd Additional District Judge, Mainpuri. This revision has been allowed by the Court below on 24th July, 1981, and the suit for ejectment was dismissed. Aggrieved by the judgment dated 24th July, 1981, the present petition has been filed in this Court. 6. The sole question in the present petition is as to whether the rate of rent of the premises in question would be the agreed rent after the coming into force of the Act or whether it would be the agreed rent plus 25 per cent thereon. 7. In order to determine this question, it is relevant to quote Section 3(k) of the Act which defines "standard rent" as well as Section 5 of the Act. 7. In order to determine this question, it is relevant to quote Section 3(k) of the Act which defines "standard rent" as well as Section 5 of the Act. They are quoted below : "3(k) "standard rent" subject to the provisions of Sections 6, 8 and 10 means, (i) in the case of a building governed by the old Act and let out at the time of the commencement of this Act. (a) where there is both an agreed rent payable therefor at such commencement as well as reasonable annual rent which in this Act has the same meaning as in Section 2(f) of the old Act, reproduced in the Schedule the agreed rent, or the reasonable annual rent plus 25 per cent thereon, whichever is greater, (b) where there is no agreed rent, but there is a reasonable annual rent, the reasonable rent plus 25 per cent thereon, (c) where there is neither agreed rent nor reasonable annual rent, the rent as determined under section 9 : (ii) in any other case, the assessed letting value, for the time being in force, and in the absence of assessment, the rent determined under Section 9." "5. In the case of a tenancy continuing from before the commencement of this Act, in respect of a building to which the old Act was applicable, the landlord may, by notice in writing, given within three months from the commencement of this Act, enhance the rent payable therefor to an amount not exceeding the standard rent, and the rent so enhanced shall be payable from the commencement of this Act." 8. Section 5 of the Act clearly lays down that in the case of a tenancy continuing from before the commencement of the Act in respect of a building to which the old Act was applicable, the landlord has been given a right to give a notice in writing within three months from the commencement of the Act enhancing the rent payable in respect of the building to an amount not exceeding the standard rent and the rent so enhanced is to be payable by the tenant from the date of, commencement of the Act. In this section, the enhancement has been permitted in respect of old buildings. The buildings having an agreed rent have not been excluded by this section. In this section, the enhancement has been permitted in respect of old buildings. The buildings having an agreed rent have not been excluded by this section. In the circumstances when this section is read along with Section 3(k)(i)(a) quoted above, it is clear that where there is both.the agreed rent payable therefor at the commencement of the Act as well as the reasonable annual rent, the agreed rent or the reasonable annual rent after adding 25 per cent to each would be considered while determining the standard rent. 25 per cent has to be added both to the agreed rent as well as to the reasonable annual rent. Standard rent is to be taken whichever is greater. 9. The clear intention of the Legislature was that since the building was an old building, the landlord would be entitled to charge 25 per cent more both in a case where there was an agreed rent as well as in a case where there is no agreed rent, but there is a reasonable annual rent. 10. Learned counsel for the respondent, however, has vehemently urged that since there is a comma after the word "agreed rent" in clause (a) of sub-section (k) of Section 3 of the Act, the 25 per cent has not to be added in the case of an agreed rent. I do not agree with the same. This will go contrary to the legislative intention. The view which I have taken has also been taken in the following cases by the learned single Judges of this Court. Ram Narain Sharma v. Smt. Savitri Devi, (1985) 2 All Rent Cas 58, Ram Gopal v. District Judge, Banda, 1981 All Rent Cas 617 : 1981 All LJ 1230, Ganga Ram v. Dr. Rampal Singhal, (1983) 1 All Rent Cas 241, Sant Narain Mehrotra v. Ram Kishan Gupta, 1980 All LJ 34, Ram Dutt Pathak v. District Judge, Nainital, 1980 All LJ 179. 11. I respectfully agree with the view taken in the above mentioned cases. 12. In the result, the petition is allowed. The order dated 24th July, 1981, passed by the 2nd Additional District Judge, Mainpuri, is quashed. The judgment of the Judge, Small Cause Court dated 14th October, 1978, is restored. The decree for ejectment shall be executed forthwith. In the circumstances of the case, the parties are directed to bear their own costs.