Neutral Citation No. - 2025:AHC-LKO:25928 Court No. - 6 Case :- WRIT - A No. - 7889 of 2016 Petitioner :- Raghvendra Nath Srivastava And Ors. Respondent :- State Of U.P.Thru Prin.Secy.Trade And Commercial Tax Lko.And Ors Counsel for Petitioner :- Girish Chandra Sinha Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners and learned counsel for the respondents. 2. Present petition has been filed challenging the order dated 28.03.2016 passed in appeal preferred by both the parties. 3. The facts in brief are that the respondents were tenants of the premises owned by the petitioners, as they could not seek eviction under Section 21(1)(a), they sought enhancement of the rent in terms of the prescription contained in Section 21(8) of the Rent Control Act, on the said application, without considering the material on record, the rent was enhanced to be fixed at Rs.5/- per square foot. Aggrieved against the said, the petitioners as well as the respondents preferred appeals. The appellate authority remanded the matter for refixation of the rent based upon the evidence on record. 4. The contention of the counsel for the petitioners is that the respondents have taken the adjacent premises on rent and are paying rent at the rate of Rs.14/- per square foot and the petitioners would be satisfied, if the rent of rate is fixed at Rs.14/- per square foot. The said assertion has been made specifically in para-18, to which no reply has been given in the counter affidavit. 5. Remanding the matter at this stage, would entail further delay, as such, accepting the rates as fixed by the respondents for the adjacent premises to be fair rent. Both the orders are modified to hold that the rent of the premises shall be fixed at the rate of Rs.14/- per square foot per month, the said rent shall be payable from the date of filing of the application under Section 21(8) till the premises is vacated by the respondents. Any amount already paid shall be adjusted towards the amounts which have been fixed by this Court. The difference of amount of rent shall be paid by the respondents to the petitioners within a period of four months. 6. With the said observations, the petition is disposed of. Order Date :- 5.5.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench