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Smt. Sushila Devi Sharma v. Smt. Manju Jain - WRIT - A No. 20665 of 2006 [2006] RD-AH 18132 (26 October 2006)


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   Court no. 7                                                        

         Civil Misc. Writ Petition No. 20665 of 2006

       Smt. Sushila Devi Sharma     versus      Smt. Manju Jain

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The petitioner is tenant on a disputed portion consisting of one big hall, two rooms, latrine and bath room of house no. 6/92 situate at Kachora Bazar, Belanganj, Agra on monthly rent of Rs. 400/-.

The counsel for respondent 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 disputed accommodation may be increased suitably.

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

The rent of Rs. 400/- 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 tenant that no accommodation is available to her on rent per contra her case is that no accommodation is available on the rent, which she is 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 accommodation now be increased to Rs. 4200/- per month (Rs. 1500/- per month for one big hall, Rs.1200/- per month for each room i.e. for 2 rooms Rs.1200x2= Rs.2400/- and Rs. 300/- per month for latrine and bath room, total Rs. 4200/- plus water tax and electricity charges etc.) from October, 2006 payable in November, 2006.

It is accordingly directed that the tenant shall pay a sum of Rs. 4200/- 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 26.10.2006





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