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K.P. SAWHNEY versus SMT. BHAGWAN DEVI BATRA

High Court of Judicature at Allahabad

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K.P. Sawhney v. Smt. Bhagwan Devi Batra - WRIT - A No. 19962 of 2004 [2006] RD-AH 15473 (6 September 2006)

 

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. 19962 of 2004

K.P. Sawhney                    versus           Smt. Bhagwan Devi Batra    

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The respondent-landlord filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 against the petitioner for release of the accommodation in dispute on the ground of his personal need. The petitioner filed written statement denying the averments made in the release application. The Prescribed Authority, Meerut vide order dated 4.3.1999 rejected the release application of the respondent.

Aggrieved by the aforesaid order dated 4.3.1999 the respondent filed an appeal before the appellate Court which was allowed vide order dated 6.5.2004, hence this writ petition.

           The counsel for the petitioner submits that the appellate Court has not considered the true facts and evidence adduced by the parties and illegally passed the order-dated 6.5.2004 and in most arbitrary and whimsical manner release the accommodation in dispute in favour of the respondent. He further submits that the Prescribed Authority has rightly held that the respondent has no bonafide need or comparative hardship.  

The counsel for the respondent-landlord submits that the Court below has not committed any illegality or irregularity in passing the impugned order dated 6.5.2004 and that the rent of the disputed accommodation may be increased and the writ petition is liable to be dismissed.  

The petitioner is tenant on a portion of house no. 169-A situate at Abu Lane Meerut which consists of 3 rooms, varanda, kitchen, bathroom and small courtyard on a monthly rent of Rs. 200/- per month. The rent of Rs. 200/- per month in respect of the accommodation in question is too meager.  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.

   It is not the case of the tenant that no accommodation is available to him on rent per contra his case is that no shop is available on the rent, which he is paying at present to the landlord.

 Admit.

 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. 4750/- per month from October, 2006 at the rate of Rs.1200/- per month.  It is accordingly directed that the tenant shall pay a sum of Rs. 4750/-towards rent to the landlord per month from from October, 2006 till further orders with 10% increase in rent every 5 years which shall be payable to the landlord by 7th day of each succeeding month.  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.

        List for hearing in ordinary course.

Dated 6.9.2006

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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