IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6147 OF 2008 (Arising out of S.L.P. (C) No.6594 of 2006)

Jhanjhi Ram        ...Appellant(s)

Versus

Kamla Rani       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The suit filed by Jhanjhi Ram [husband of the respondent] for eviction of

the tenant [appellant herein] was decreed by the Trial Court after striking out the

latter's defence.  Revision filed against the decree of eviction was dismissed by the

learned District Judge.  However, writ petition filed by the appellant was allowed by

the High Court and the order of eviction was set aside on the ground that the Trial

Court was not justified in striking out the defence of the appellant.  While doing so,

the High Court enhanced the contractual rent from Rs.42/- per month to Rs.84/- per

month for a period of five years commencing from 1983 with similar enhancement for

the subsequent blocks of five years each.  In  our view, this  exercise could  have been

done by   

....2/-

- 2 -

by the District  Magistrate alone under the provisions  of the Uttar Pradesh Urban

Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 [for short, “the Act”]

and the High Court committed a jurisdictional error by enhancing the rate of rent.

For the reason stated above, the appeal is allowed and that portion of the

impugned order whereby rate of rent has been enhanced from Rs.42/- per month is

set aside.

Needless to say that this order shall not preclude the landlord in case she is

so advised  to  take  recourse  to  the  provisions  of  the  Act  by  filing  an appropriate

application before the District Magistrate.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, October 17, 2008.