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2008 DIGILAW 4 (SC)

MOHD. SHAFI (DEAD) BY L. Rs. v. FARHAT ALI KHAN

2008-01-03

B.SUDERSHAN REDDY, S.H.KAPADIA

body2008
ORDER By the Court.—Substitution allowed. 2. Leave granted. 3. In the present matter application under Section 21(1)(a) of U.P. Act No. XIII of 1972 was filed by the landlord for release of the accommodation in dispute. 4. In the writ petition No. 36326/2006, 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. 4,000/-. 5. 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. 6. For the aforesaid 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. 7. The Appeal is disposed of. ————