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Jai Prakash Agarwal v. Khairati Lal And Another - WRIT - A No. 53503 of 2004 [2006] RD-AH 18234 (28 October 2006)


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   Court no. 7                                                        

         Civil Misc. Writ Petition No. 53503 of 2004

      Jai Prakash Agarwal         versus        Khairati Lal and another

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The respondents are tenants of the disputed shop situate in Qasba Jalespur, district Etah on monthly rent of Rs.250/-.

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 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 rent of Rs. 250/- per month in respect of the aforesaid 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 accommodation/shop etc. it would be appropriate that the rent of the disputed shop now be increased to Rs. 1200/- per month (total area of the disputed shop is 10sq.ft.x12sq.ft.=120 sq.ft. at the rate of Rs.10 sq.ft. 120xRs.10/-= Rs. 1200/- per month) from October, 2006 payable in November, 2006.

It is accordingly directed that the tenant shall pay a sum of Rs. 1200/- 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.

Counter affidavit may be filed within one month. Rejoinder affidavit may be filed within one month thereafter.

        List in the month of April, 2007. On that date, the counsel for the parties shall submit compliance report.

Dated 28.10.2006





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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