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Gopal Kumar Sonkar v. Gauri Shanker Sonkar - WRIT - A No. 19262 of 2007 [2007] RD-AH 12094 (17 July 2007)


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   Court no. 7                                                        

                Civil Misc. Writ Petition No. 19262 of 2007

         Gopal Kukar Sonkar             versus          Gauri Shankar Sonkar


Hon'ble Rakesh Tiwari,J.


    Heard counsel for the parties and perused the record.

  The petitioner is tenant of one room in house no.103/67situate at Colonganj, Kanpur Nagar on monthly rent of Rs. 80/-.

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

              The rent of Rs.80/-per month in respect of the aforesaid disputed accommodation 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.

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.

             In S.L.P. No.  19685/06 arising out of Writ Petition No. 8972 of 2002 ( Hari Shankar Bhardwaj Vs. Dharmmendra Kumar Gupta) the Hon'ble Surpeme Court has affirmed the view of this Court that the   rent of the houses/building/shops may be fixed under Article 226 of the Constitution having a pragmatic approach and taking into consideration the area, location, nature of construction, current market rate of rent, locality etc. In the aforesaid case rent had been fixed by the Court under Article 226 to Rs.6500/- per month in the same manner as it is being fixed in the instant case. The order of the Hon'ble Supreme Court dated 9.12.2006 passed in the aforesaid S.L.P. No. 19685/2006 runs as under:-

        " Heard learned counsel for the parties.

           We do not find any ground to interfere with the impugned order.

           The Special Leave Petition is, accordingly, dismissed. However, time granted by the impugned order making the deposit is extended to 7th January,2007."

The counsel for the petitioner submits that the case for enhancement of rent may be considered by the Court according to the condition, location and situation etc. of the disputed accommodation. He further submits that in case the petitioner is evicted from the disputed accommodation he will suffer irreparable loss and injury.

           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 accommodation is  increased from Rs. 80/- to Rs. 1000/- per month. The rent of July, 2007 as fixed by this Court shall be payable in August , 2007.                                    

It is accordingly directed that the tenant shall pay a sum of Rs. 1000/- per month towards rent to the landlord till further orders which shall be payable to the landlord thereafter by 7th day of each succeeding month.

In case of default in payment of current rent as directed by this Court the landlord may move an application for recovery of arrears of rent treating this order as ''certificate of recovery' and may also move the SSP Kanpur City for eviction of the tenant by the police force as this stay order is being passed on condition of enhancement of payment of rent by the tenant during the pendency of the writ petition month to month regularly.

        List after 4 months. The counsel for the parties shall submit compliance report on that date.

Dated 17.7.2007





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