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Ishrat Ali And Others v. Sirazuddin - WRIT - A No. 24846 of 2006 [2006] RD-AH 18716 (6 November 2006)


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   Court no. 7                                                        

         Civil Misc. Writ Petition No. 24846 of 2006

               Ishrat Ali and others        versus       Sirazuddin

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The respondent is tenant in disputed accommodation consisting of two rooms, 1 latrine, open roof in first floor with Zina and Stair case situate in Mohalla Brahmanpuri near Penth Bazar Dibai, district Bulandshahar on monthly rent of Rs.25/-.

The counsel for petitioner-landlord 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 respondent-tenant submits that in case the respondent is evicted from the disputed accommodation, he will suffer irreparable loss and injury and case for enhancement of the rent may be considered.

The rent of Rs.25/- 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 tenant that no accommodation is available to him on rent per contra his case is that no accommodation is available on the rent, which he is paying at present to the landlord.

               This Court can fix reasonable market rent balancing the equities in writ jurisdiction in view of the decisions rendered 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 wherein rent was increased to more than 28 times and in  Khurshida Vs. A.D.J. 2004(2) ARC-64 =2004(54) ALR-177 wherein the rent was increased about fifty times and also it has been held  in para 7 of 2006(63) ALR 643 Smt. Zohra Vs. IVth A.D.J. Jhansi  that while granting relief to a tenant against eviction the writ Court is empowered to enhance the rent.

  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.300/- per month for open roof in first floor with Zina and Stair case  and Rs. 250/- per month for latrine and bath room, total Rs.3000/- per month) from November, 2006 payable in December, 2006.

It is accordingly directed that the tenant shall pay a sum of Rs. 3000/- 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 arrears of rent, if any at 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 May, 2007. On that date, the counsel for the parties shall submit compliance report.

Dated 6.11.2006





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