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Sewa Ram v. Xviith A.D.J. & Others - WRIT - A No. 6691 of 1997 [2006] RD-AH 21045 (13 December 2006)


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   Court no. 7                                                        

         Civil Misc. Writ Petition No. 6691 of 1997

Sewa Ram                         versus    XVIth Addl. District Judge,Meerut

                                                         and others.

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The petitioner is tenant of the shop in dispute of area about 45 sq.ft. situate at Gandhi Chauk Kasba Baraut, District Meerut on monthly rent of Rs.10/-.

The counsel for the respondent-landlords submits that the rent of the disputed shop is too low in the present scenario. He prays that in the circumstances the rent of the aforesaid disputed shop may be increased reasonably according to the market rate.

        The counsel for the petitioner submits that in case the petitioner is evicted from the disputed shop he will suffer irreparable loss and injury and case for enhancement of the rent may be considered.

        The rent of Rs.10/-per month in respect of the aforesaid disputed shop in question appears to be inadequate rent for the accommodation in dispute.  A pragmatic approach has to be taken considering the area location and rate of rent prevailing in the locality etc. With passage of time value of house rent has increased and as such it has to be proportionately increased in addition to notional increase of 10% in rent every 5 years as provided under Act No. XIII of 1972.

 It is not the case of the tenant that no shop is available to him on rent per contra his case is that no accommodation is available on the rent, which he is paying at present to the landlords.

In view of the decisions rendered in Rajeshwari  (Smt.) Vs. Smt. Prema Agarwal, 2005(1) ARC-526, Hari Mohan Kichlu Vs. VIIIth A.D.J. Muzaffarnagar and others, 2004 (2) ARC-652   wherein rent was increased to more than 28 times and in  Khurshida Vs. A.D.J. 2004(2) ARC-64 =2004(54) ALR-177 wherein the rent was increased about fifty times, the writ Court can enhance the rent to a reasonable extent as has also been held by this Court in para 7 of 2006(63) ALR 643 Smt. Zohra Vs. IVth A.D.J. Jhansi  that while granting relief to a tenant against eviction the writ Court is empowered to enhance the rent.

           Taking a pragmatic approach, considering the facts and circumstances of the case, location as well as area of the accommodation and construction etc.  the rent of the disputed shop with the consent of the parties is increased to Rs.750/- per month excluding water and electricity charges.   The rent of December, 2006 as fixed by this Court shall be payable in January , 2007.                                          

It is accordingly directed that the tenant shall pay a sum of Rs. 750/- per month + electricity and water charges towards rent to the landlords till further orders which shall be payable to the landlords thereafter by 7th day of each succeeding month. The rent fixed by this Court shall be increased 10% every 5 years till further orders according to the provisions of the Act.

In case of default in payment of current rent as directed by this Court the landlords can get the disputed shop vacated with the help of police within a period of one month by giving notice in writing.

        List in the month of April, 2007.The counsel for the parties shall submit compliance report on that date.

Dated 13.12.2006





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