The petitioners who are in possession and are carrying on business on a property leased to them by the respondent No,1 are aggrieved by a demand for payment of Rs,549,594 way of ground rent of the property measuring about 2421 sq. yards at the rate of Rs,6.00 per sq. yards.
2. On behalf of the respondent No,2 it was argued that the increase in ground rent, which was earlier being paid at the rate of Re.0.25 per sq. yards was effected through a resolution of the council of the respondent No,2 dated 7-6-1999 and such council have lawful authority to enhance the rate of rent. Ms. Mehrunnisa learned counsel for the petitioner was unable to dispute the authority of the respondent No,2 but argued that such enhancement through a resolution could not be given retrospective effect and lessee could not be charged rent at the enhanced rate for period long before the passing of the resolution. The contention indeed is sound inasmuch as the counsel of the respondent No,2 has no power to give retrospectively. We would therefore, allow this petition on the extent that ground rent for the period between September, 1965 and 7-6-1999 would only be paid at the old rate. The respondent No,2 however, may charge such rent after 7-6-1999 at the enhanced rate. The petition is allowed to this extent with no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.