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NAJMUDDIN versus J.S.C.C./IST ADDL. CIVIL JUDGE & OTHERS

High Court of Judicature at Allahabad

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Najmuddin v. J.S.C.C./Ist Addl. Civil Judge & Others - WRIT - A No. 13246 of 1998 [2007] RD-AH 12922 (26 July 2007)

 

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

   Court no. 7                                                                  

Civil Misc. Writ Petition No. 13246 of 1998

Najmuddin                    versus     JSCC/Ist Addl.Civil Judge

                                                    Muzaffarnagar and others.

Hon'ble Rakesh Tiwari,J.

 

    Heard counsel for the parties and perused the record.

              Admit.

              The counsel for the respondent-landlords states that the petitioner is tenant of the disputed shop situate at Quasba Shahpur, Pargana Muzaffarnagar on monthly rent of Rs.100/-.

      He further 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 disputed shop may be increased reasonably according to the market rate.

              The rent of 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.

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.

           

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 shop. He further submits that in case the petitioner is evicted from the disputed shop 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 shop is  increased to Rs.800/- 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. 800/- per month towards rent to the landlords till further orders which shall be payable to the landlords thereafter by 7th day of each succeeding month.

In case of default in payment of current rent as directed by this Court the landlords may move an application for recovery of arrears of rent treating this order as ''certificate of recovery' and may also move the SP/SSP concerned 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 for hearing after 4 months. The counsel for the parties shall submit compliance report on that date.

Dated 26.7.2007

CPP/-

             

 


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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

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