Prabhudayal Agarwal and others vs District Judge, Jhansi and others

Bharati Sapru, J.

Heard learned Counsel for the petitioner and learned Counsel for the State. I have perused the material on record including the impugned order.

By the impugned order, the Court below has fixed the rent of the building in dispute at a sum of Rs. 6000/ per month. The reasoning adopted in the impugned order is that it has taken the valuation made by the Tehsildar as the basis for fixing the rent and has, therefore, fixed the rent at Rs. 7,300/ initially and has, thereafter deducted a sum of Rs. 1,300/. The valuation report of the Tehsildar on record as Annexure4 to the writ petition. In the counteraffidavit filed by the State, the valuation report of the Tehsildar, is accepted to be correct.

Such being the case, there is an error apparent on the face of the record of the case, because valuation report of the Tehsildar clearly states that the premises in dispute stands on one of the main roads of the JhansiLalitpur road. It is about 50 years old building and has covered an area of 5800 square feet. The open area covers 8929 square feet and the total area is 14,729 square feet. The disputed premises has 12 rooms, two veranda, bathrooms and an open courtyard. Some of the rooms are like big halls. He further records that the District Magistrate had fixed the circle rate at Rs. 60/ per square feet and the market rate of this area is even more than that. The Tehsildar further records that the approximate area of the land is about 8,85,000 square feet. The value of the building is approximately Rs. 2,65,000/ and, therefore, the total value of the building is Rs. 11,50,000/. The report of the Tehsildar is dated 10.7.1990.

The valuation report of the Tehsildar is not being denied by either side. Thus, according to the formula fixed under section 21 (8) would make the rent approximately Rs. 10,000/ per month. The error as said earlier, therefore, is apparent on the face of the record. The Court below has not taken into account the total value of the building in dispute as valued in the Tehsildar''s report.

The impugned order, therefore, suffers from defect and it is set aside. The petitioner is entitled to rent from the date of application at the rent, to be calculated on a value fixed by the Tehsildar on Rs. 11,50,000/. The arrears of rent will be paid by the respondent State to the petitioner within a period of three months from today. The arrears of rent, which may arise due to the difference, which is to be calculated, will become payable within a period of three months. The period of three months begins to run from today.

The writ petition is allowed.