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Shri Udai Narain Trividi v. Ixth Addl. D.J. & Others - WRIT - A No. 50349 of 1999 [2006] RD-AH 17960 (18 October 2006)


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   Court no. 7                                                        

         Civil Misc. Writ Petition No. 50349 of 1999

Sri Udai Narain Trivedi            vs.         IXthe Addl. District Judge,

                                                               Kanpur Nagar and others.          

Hon'ble Rakesh Tiwari,J.

In view of the office report dated 21.4.2000 service on respondent nos. 3 to 8 are deemed to be sufficient. It has been informed that respondent no.3, Smt. Pushpa Devi has died. Let legal heirs and representatives of respondent no.3 may also be brought on record.

Heard counsel for the parties and perused the record.

Brief facts of the case are that petitioner-landlord filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 before the Prescribed Authority/ A.C.M.M. XIIIth Knapur Nagar for release of the disputed shop situate on the main P. road, Kanpur.

The respondent-tenants filed their written statements denying the plaint allegations.

The trial Court vide order dated 30.8.1997 rejected the release application of the petitioner-landlord.

        Aggrieved by the aforesaid order dated 30.8.1997 the petitioner filed appeal before the appellate Court which too was dismissed vide order dated 24.8.1999, hence the writ petition.

The respondents are tenants of disputed shop situate on the ground floor of house no. 108/87 P. road, Kanpur on monthly rent of Rs. 65.50 per month.

The counsel for the petitioner-landlord submits that the rent of the disputed shop is too low in the present scenario. He prays that in the circumstances the rent of the aforesaid disputed shop may be increased suitably.

       The counsel for the respondents submits that in case the respondents are evicted from the disputed shop they will suffer irreparable loss and injury and case for enhancement of the rent may be considered.

The respondents are tenants of the aforesaid disputed shop on monthly rent of Rs.65.50/-.  The rent of Rs. 65.50/-per month in respect of the aforesaid disputed shop in question appears to be inadequate rent for the accommodation in dispute.  A 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 as provided under Act No. XIII of 1972.

   It is not the case of the tenants that no shop is available to them on rent per contra their case is that no accommodation is available on the rent, which they are 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.

   Taking a 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 accommodation now be increased to Rs. 5000/- per month+ water charges etc. from October, 2006 payable in November, 2006.

It is accordingly directed that the tenants shall pay a sum of Rs. 5,000/- per month towards rent to the landlord till further orders which shall be payable to the landlord thereafter by 7th day of each succeeding month. The rent fixed by this Court shall be increased 10% every 5 years till further orders according to the provisions of the Act.

In case of default in payment of the arrears of 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 in the month of March, 2007. On that date, the counsel for the parties shall submit compliance report.

Dated 18.10.2006





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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