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Devi Sharan Agrawal v. Sayeed Akhtar - WRIT - A No. 9116 of 2003 [2006] RD-AH 14770 (30 August 2006)


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 Court no. 7                                                        

         Civil Misc. Writ Petition No. 9116 of 2003

Devi Saran Agarwal           vs.     Sayeed Akhtar and others

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

Brief facts of the case are that the petitioner filed a suit for arrears of rent and eviction against the respondents before the trial Court. The suit was dismissed by the trial Court vide order dated 19.1.2001. Aggrieved by the aforesaid order dated 19.1.2001 the petitioner filed a revision before the Revisional Court which too was dismissed by order dated 6.2.2003, hence this writ petition.

The petitioner is tenant in the disputed house on monthly rent of Rs. 17/- per month, which is too meager in these days.  This petition has been filed in 2003 but it is now listed in 2006. With passage of time the rent is to be increased proportionately in addition to notional increase of 5% in rent every 5 years.  

It appears from the record that by sub-letting one portion of the disputed house he was getting Rs. 2100/- per month from the post office in the year 2000. It may be mentioned here that the father of the tenant had taken the accommodation in question for two months only for book binding purpose.The writ Court can enhance the rent to a reasonable extent as has been held 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 and Khurshida Vs. A.D.J. 2004(2) ARC-64.

  Considering the facts and circumstances of the case, it would be appropriate that the rent of the disputed accommodation now be increased to Rs. 4,000/-. The tenant shall pay a sum of Rs. 4000/-towards rent to the landlord per month w.e.f. 1.9.2006. The rent shall be by 7th of each month till further orders. In case of default in payment of the current rent as directed by this Court the landlord can get the disputed accommodation vacated with the help of police within a period of one month by giving notice in writing.

       The tenant shall pay a sum of Rs. 2000/-towards rent to the landlord per month w.e.f. 1.9.2006 till further orders with 10% increase in rent every 5 years.

List for hearing in ordinary course.

Dated 30.8.2006




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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