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Bhaiyalal v. Ivth A.D.J.Varanasi & Another - WRIT - A No. 41597 of 2000 [2006] RD-AH 16677 (22 September 2006)


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   Court no. 7                                                        

         Civil Misc. Writ Petition No. 41597 of 2000

Bhaiya Lal                          versus       The IV Addl.District Judge,

                                                             Varanasi and others.          

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

Brief facts of the case are that respondent no.2- landlady filed a suit for arrears of rent and ejectment against the petitioner from the disputed shop of house  No. C-25/1/D situate at Mohalla Ram Kotora, Varanasi before the Court below. The petitioner is tenant in the disputed shop on monthly rent of Rs.40/- since 1976.  He filed his written statement denying the plaint allegations. The trial Court vide order dated 24.8.1991 dismissed the suit of respondent no.2.

Aggrieved by the aforesaid order dated 24.8.91 respondent no.2 filed a revision before the Revisional Court which allowed vide order dated 24.5.2000, hence this writ petition.

The counsel for respondent no.2-landlady submits that the petitioner is tenant in the disputed shop on the monthly rent of Rs.40/-  since 1976 which is no rent in the present scenario and the rent of the disputed shop is too low being of Rs.40/- per month. He prays that in the circumstances either the rent of the disputed shop may be increased suitably or the writ petition may be dismissed.

       The counsel for the petitioner submits that in case the petitioner is evicted from the disputed shop he will suffer irreparable loss and injury and no case for enhancement of the rent is made out.

        The petitioner is tenant in disputed shop of house No. C-25/1/D situate at Mohalla Ram Kotora, Varanasi on monthly rent of Rs.40/- since 1976. The rent of Rs. 40/- per month in respect of the aforesaid shop in question is too meager. Pragmatic approach has to be taken considering the 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.

   It is not the case of the tenant that no shop 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.

 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.

   Having pragmatic approach, considering the facts and circumstances of the case and location/area of the shop etc. it would be appropriate that the rent of the disputed shop now be increased to Rs. 750/- per month from October, 2006. It is accordingly directed that the tenant shall pay a sum of Rs. 750/- per month towards rent to the landlord 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 arrears rent, if any and 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 after three months.

Dated 22.9.2006





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