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SHRI KRISHNA SHARMA versus KUNWAR PAL SHARMA & OTHERS

High Court of Judicature at Allahabad

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Shri Krishna Sharma v. Kunwar Pal Sharma & Others - WRIT - A No. 291 of 2001 [2006] RD-AH 18127 (26 October 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

   Court no. 7                                                        

         Civil Misc. Writ Petition No. 291 of 2001

Sri Krishna Sharma (since deceased) and others   vs. Kunwar Pal Sharma

                                                                                   and others.

       

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The petitioner is tenant of the disputed accommodation consisting of 9 rooms/shops and open land appurtenant thereto situate at Parso Dubey, G.T. Road, Aligarh on monthly rent of Rs. 32/- which is in the heart city of Aligarh.

The report of the Advocate Commissioner has not been filed. The same may be filed within one month.

The counsel for respondents submits that the rent of the disputed accommodation is too low in the present scenario and rent of Rs.32/- is not even sufficient for payment tax etc. or for the maintenance of the building. He prays that in the circumstances the rent of the disputed accommodation may be increased suitably.

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

The rent of Rs. 32/- per month in respect of the aforesaid 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. 15,000/- per month (Rs. 1500/- per month for each room/shops i.e. for 9 rooms/shops Rs.1500x9= Rs.13, 500/- and Rs. 1500/- per month for open land appurtenant thereto, total Rs. 15,000/- plus water tax and electricity charges etc.) from October, 2006 payable by 7th November, 2006.

It is accordingly directed that the tenants shall pay a sum of Rs. 15,000/- per month towards rent to the landlords 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 landlords 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 26.10.2006

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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