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Rajesh Sharma v. The Iiird A.D.J. Mathura And Others - WRIT - A No. 34308 of 1996 [2007] RD-AH 13041 (27 July 2007)


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   Court no. 7                                                                  

                 Civil Misc. Writ Petition No. 34308 of 1996

Rajesh Sharma                 versus   The IIIrd Additional District

                                                       Judge, Mathura and others.

Hon'ble Rakesh Tiwari,J.


    Heard counsel for the parties and perused the record.

              The counsel for the respondent-landlord states that the petitioner is tenant of the disputed shop bearing Municipal No. 70 Jagannathpuri, Mathura on monthly rent of Rs.250/-.

     He further submits that the rent of the adjoining shop situated in the same building; of the same size has been enhanced by this Court vide order dated 4.10.2006 in W.P. No. 19232 of 2002 at the rate of  Rs. 55,00/-. per month apart from taxes etc. The relevant portion of the order dated 4.10.2006 is as under:-

" The learned counsel for the petitioner submits that balancing the equities the rent may be fixed between Rs. 250/-and Rs. 5000/-.

      The argument of the learned counsel for the petitioner in so far as balancing the equities is concerned has force  and for this reason the rent of the shop during all these years has not been enhanced as per market value.

      The adjacent shop of the same size has been given on rent of Rs.5000/- per month in February, 2003, hence balancing the equities it is directed that the petitioner shall pay a sum of Rs. 5,500/- excluding taxes applicable under U.P. Act No. XIII of 1972, which shall be paid to the landlord separately.

It is accordingly directed that the petitioner- tenant shall, w.e.f. October, 2006 pay Rs.5,500/- per month as the rent of the shop in dispute payable to the respondent-landlord by 7th November, 2006 and thereafter by 7th day of each  succeeding month till further orders with 10% notional increase after every 5 years during the period of pendency of this writ petition.

In case of default in payment of the enhanced rent as directed above by this Court, the respondent-landlord can get the disputed shop vacated with the help of police, if necessary, within a period of one month by informing the tenants in writing in this regard.

In case the landlord does not accept the rent, the petitioner may deposit the same before the court below. In so far as payment of Rs.2,000/- as per order dated 22.9.2006 is concerned, the learned counsel for the petitioner states that he was expecting the case to come up on6.10.2006 but it has come earlier, however, his client will pay the aforesaid amount.

List this case for admission in the second week of February, 2007 for informing compliance of this order."

    Aggrieved by the aforesaid order dated 4.10.2006, the petitioner filed SLP (Civil) No. 19722 of 2006 before the Hon'ble Apex Court which has been dismissed by the Apex Court vide order dated 8.12.2006.

     The counsel for the respondent- landlord submits that on the ground of parity the rent of the disputed shop may be fixed at the rate of Rs.5500/- per month as the order of this Court with regard to enhancement of rent has been confirmed by the Hon'ble Supreme Court.

   The counsel for the petitioner does not dispute the aforesaid facts, however, submits that in case the petitioner is evicted from the disputed shop he will suffer irreparable loss and injury.          

Considering the above facts and circumstances of the case, the rent of the disputed shop is increased to Rs.5500/- per month apart from taxes etc. 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. 5500/- per month towards rent to the landlords 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 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 after 4 months. The counsel for the parties shall submit compliance report on that date.

Dated 27.7.2007





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