JUDGMENT S.U. KHAN, J. The case was taken up in the revised list, however no one appeared on behalf of contesting respondents Basic Shiksha Parishad and Basic Shiksha Adhikari. In the building in dispute, a school is being run. On the suggestion of the Court learned Standing Counsel for the State of U.P. agreed to argue the case on behalf of contesting respondents. On the direction of the Court, learned Counsel for the petitioner handed over his file to the learned Standing Counsel in order to enable him to prepare and argue the case. 2. Heard learned Counsel for the petitioner and learned Standing Counsel for contesting respondents. 3. This is landlord's writ petition arising out of proceedings for enhancement of rent under section 21 (8) of U.P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972. Building in dispute is on rent with Basic Shiksha Parishad/B.S.A. Bulandshahr in which a school is being run. Total area of the property in tenancy occupation of the contesting respondents is 266 square yards. Prior to 1989 rent was Rs. 902.50/- per month, which was earlier fixed on similar application. The application for enhancement of rent giving rise to the instant writ petition was filed in the year 1989 and was registered as Case No. 37 of 1989 on the file of R.C. and E.O./S.D.O. Khurja, District Bulandshahr. Under section 21 (8) of the Act, second application for enhancement of rent may be filed after five years. 4. In the application, it was prayed that rent must be enhanced to Rs. 4166.66/- as market value of the property was Rs. 5 lacs. Landlord filed value's report, copy of which is Annexure 3-A to the writ petition. Value stated that revenue authorities had fixed rate of Rs. 3000/- per square yard of the land situate on road side, however the value assessed the land of the tenanted accommodation at Rs. 1500/- per square yard, i.e., total valuation of Rs. 3,99,000/-. Valuation of the building was assessed at about Rs. 1.50.000/-. In this matter, total valuation was assessed to be about Rs. 5.50.000/- RC. & E.O. reduced the valuation of construction to Rs. 75,000/- and of land to Rs. 2.66.000/-(@ Rs. 1000/- per square yard). In this manner, valuation determined by R.C. & E.O. came to Rs. 3.41.000/- hence RC. & E.O. determined the monthly rent at Rs. 1.50.000/-. In this matter, total valuation was assessed to be about Rs. 5.50.000/- RC. & E.O. reduced the valuation of construction to Rs. 75,000/- and of land to Rs. 2.66.000/-(@ Rs. 1000/- per square yard). In this manner, valuation determined by R.C. & E.O. came to Rs. 3.41.000/- hence RC. & E.O. determined the monthly rent at Rs. 2842/- payable w.e.f. 1.10.1989 (application was filed in September, 1989). Against the said order of R.C. & E.O. landlord filed the appeal Appellate Court determined the market value of land at Rs. 1200/- per square yard as against the rate of Rs. 1000/- per month determined by R.C. & E.O. Appellate Court enhanced the rent to Rs. 3200/- per month. 5. In my opinion, valuation of land had rightly been assessed by the value at 50% of the circle rate, i.e., Rs. 1500/- per square yard. Value had also applied correct formula for determining the market value of the superstructure. 6. In my opinion, landlord petitioner is entitled to the rent asked for by him on the basis of market value of the time of filing of application stated to be Rs. 5 lacs, which is less than the market value determined by the value Tenants respondents did not file any valuation report. 7. However, on the suggestion of the Court, learned Counsel for the petitioner agreed that in case rent demanded by the landlord was awarded, then landlord would feel satisfied if the said rent was made payable w.e.f. September, 2008 onwards and w.e.f. October, 1989 till August, 2008 rent as determined by Lower Appellate Court, i.e., Rs. 3,200/- per month is paid to the landlord. 8. Accordingly, writ petition is allowed. It is directed that w.e.f. October, 1989 till August 2008, tenants respondents shall pay rent to the landlord petitioner @ Rs. 3,200/- per month as determined by Lower Appellate Court. Arrears if any shall positively be paid within four months. With effect from September, 2008 onwards tenant shall pay rent to the landlord @ Rs. 4,166.66/- per month (rounded off to Rs. 4,170/-). Writ Petition Allowed,