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MUNNALAL & OTHERS versus SMT. SARSWATI

High Court of Judicature at Allahabad

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Munnalal & Others v. Smt. Sarswati - WRIT - A No. 6763 of 2003 [2007] RD-AH 8797 (9 May 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 26

Civil Misc. Writ  Petition No.6763 of 2003

Sri Munna Lal and others                  ....                       Petitioners

                                                       Vs.

Smt. Sarswati wife of Sri Ram  Gopal

r/o House no.1362 Shahganj,Mathura                             Resondents

Hon'ble Rakesh Tiwari, J

Heard counsel for the parties and perused the record.

The petitioners are tenants of the disputed portion of house no.1362 situate at Shahganj Darwaja, district Mathura which consists of two rooms and open land  on monthly rent of Rs. 2.08 paise.

The counsel for the respondent-landlord submits that the rent of the disputed accommodation is too low in the present scenario. He also submits that the petitioner-tenants have made material alterations in the tenanted portion  by adding two kotharis in the tenanted accommodation  and have sub let part of the said accomodation for sale and purchase of wooden loces  'Taal', thus changing the nature and are part of the accommdoation in commerical nature. In the circumstances, he prays that the rent of the disputed accommodation may be increased reasonably according to the market rate.

The counsel for the petitioners 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 keeping in view the poor economic condition  of the petitoner. He further submits that in case the petitioners are evicted from the disputed accommodation they will suffer irreparable loss and injury.

The  inadequate rent of Rs. 2.08 paise per month in respect of the aforesaid  disputed accommodation in question appears to be  the root cause of this prolonged litigation in respect  of 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 the 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 wholly unjust that a tenant not only makes material changes by adding two kotharis in the tenanted accomodation but also sublets the land appurtenant  to the building for commerical venture, earning handsome amount, but only pay Rs. 2.08 paise to the landlord.  By this he deprives the landlord  of the fruits of the property by unduly enreaching himself on it and keeping the landlord deprived of the profits of his investment in the accommodation. There are one of many evils of low rent which should be enhanced to at least the market rent of the area.

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 shall be paid by the tenants for 2 rooms @ Rs.1000/- per room i.e. Rs.2,000/- per month and open land @ Rs.200/- per month = Rs.2000+200= Rs.2200/- per month as conditon of stay. The rent of May, 2007 shall be payable in June, 2007.

It is accordingly directed that the tenants shall pay a sum of Rs.2200/- per month towards rent to the landlord till further orders till tenancy survived by 7th day of each succeeding month.

In case of default in payment of rent, it will be open to the landlord to take action against the tenants in accordance with law.

List in the month of July, 2007.

Dated 9.5.2007

CPP/-


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

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