Over 2 lakh Indian cases. Search powered by Google!

Case Details

TRILOKI NATH SHARMA versus D.M., HATHRAS & OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Triloki Nath Sharma v. D.M., Hathras & Others - WRIT - C No. 1529 of 2001 [2006] RD-AH 21498 (20 December 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari,J.

Heard learned counsel for the parties and perused the record.

It appears from record that an agreement was entered into between the parties for taking the building, in dispute by the Sales Tax Department for a period of five years w.e.f. 6.6.1996 to 5.6.2001 at the rate of Rs.2.50 per sq.ft.  On expiry of the agreement, Sales Tax Department advertised that they require a building on rent.  The petitioner offered his building again at the rate of Rs.5/- per sq. ft, which was accepted by the Sales Tax Department, appended as Annexure 2 to the writ petition.

After accepting the offer of the petitioner, the Sales Tax Department wrote to the District Magistrate Hathras for issing proprietary certificate.  The District Magistrate, in turn, ordered that the building may be taken on rent at the rate of Rs.3.50 per sq. ft.

Aggrieved, the petitioner filed the instant writ petition wherein High Court, vide order dated 31.1.2001 directed that as an interim measure, Rs.4/- per sq. ft. may be paid to the petitioner by the Sales Tax Deparemtn as rent of the building.  Subsequent to the passing of the order by the High Court, an agreement dated 5.6.2001 was entered into between the parties continuing the tenancy subject to the decision in the writ petition for a period of five years.  The agreement also expired on 5.6.2006 after lapse of five years.

It may be noted that during the period of five years, i.e. from 6.6.2001 to 5.6.2006, another writ petition no. 4437 of 2005 was filed for enhancement of rent.

Since five years period of agreement has now already elaped, the only short point involved is whether the petitioner is entitled to Rs. 5/- per sq. ft or lessor rent.

Admittedly, the High Court vide its order dated 31.1.2001 directed as

Payment of rent at the rate of Rs.4/- per sq. ft, as an interim measure, hence rent rant not be lower than this.  It is not denied that the Sales Tax Department had advertised calling for invitation for building on rent for its office and the offer in pursuance thereof at the rate of Rs.6/- per sq. ft was accepted by it.  It is also not denied that the Sales Tax office was running in the building, in dispute, earlier also.

Civil Misc. Writ Petition No 1529 of 2001 has been allowed on the ground that the valuation of the property has increased many flds during the last 5-6 years.  Taking a pragmatic approach considering the facts and circumstances of the case and location/area of the accommodation, in dispute, nature of construction etc. and the admitted position of the accommodation under the tenancy of the temamt, it is directed that the Sales Tax Department should pay rent @ Rs.6/- per sq. ft. Civil Misc. Writ Petition No 1529 of 2001 has been allowed on the ground that the valuation of the property has increased many flds during the last 5-6 years.  Taking a pragmatic approach considering the facts and circumstances of the case and location/area of the accommodation, in dispute, nature of construction etc. and the admitted position of the accommodation under the tenancy of the temamt, it is directed that the Sales Tax Department should pay rent @ Rs.6/- per sq. ft.

For the reasons stated above, the writ petition succeeds and is allowed with the direction that the Sales Tax Department shall pay rent at the rate of Rs.6/- per sq. ft. and the difference of Rs. 1/- per sq. ft after adjustment at the rate of Rs.4/-, which has already been paid, shall be paid to the petitioner together with 9% simple interest thereon.  No order as to costs.

Dated 20.12.2006

kkb


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.