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RAJ BAHADUR GUPTA (DECEASED) AND OTHERS versus SMT. NATHIA (DECEASED) AND OTHERS

High Court of Judicature at Allahabad

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Raj Bahadur Gupta (Deceased) And Others v. Smt. Nathia (Deceased) And Others - WRIT - A No. 58244 of 2006 [2006] RD-AH 18036 (19 October 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

   Court no. 7                                                        

         Civil Misc. Writ Petition No. 58244 of 2006

Raj Bahadur Gupta and others           versus       Smt. Nathia (deceased)

                                                                            and another.

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

Brief facts of the case are that respondent-landlords filed SCC Suit No. 56 of 1996 before the Judge Small Causes Court, Agra for arrears of rent and eviction against the petitioner-tenants from the disputed portion   i.e. 2 rooms, common latrine, bathroom, kitchen and store room, of building no. 13/210 situate at Halka Madan Nai Ki Mandi, Agra.

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

The trial Court vide order dated 10.2.2005 decreed the suit of the respondent-landlords.

           Aggrieved by the aforesaid order dated 10.2.2005 the petitioners filed revision before the Revisional Court which was partly allowed vide order dated 18.8.2006, hence the writ petition.

The petitioners are tenants in the aforesaid disputed accommodation situate at Halka Madan Nai Ki Mandi, Agra on monthly rent of Rs. 100.

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

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

The petitioners are tenants in the disputed accommodation on monthly rent of Rs.100/-.  The rent of Rs. 100/-per month in respect of the aforesaid disputed accommodation 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 accommodation 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 landlords.

 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 accommodation/shop etc. it would be appropriate that the rent of the disputed accommodation now be increased to Rs. 3000/- per month  (Rs. 1200/- per month for each room i.e. for two rooms Rs.1200x2=Rs.2400/- Rs. 250/- per month for common latrine and bathroom, Rs. 200/-per month for kitchen and Rs. 150/- per month for store room, total Rs. 3,000/-+ water charges etc.) from October, 2006 payable in November, 2006.

It is accordingly directed that the tenants shall pay a sum of Rs. 3000/- per month towards rent to the landlords till further orders which shall be payable to the landlords 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 arrears of rent, if any and 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 in the month of March, 2007. On that date, the counsel for the parties shall submit compliance report.

Dated 19.10.2006

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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