Bombay High Court
Shreekrishna S/O Prafulla Buty vs Mrs. Khurshida Bano Wd/O Jaffar Hussain on 9 October, 2019
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
1 WP2837.19(J)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2837/2019
Shreekrishna s/o Prafulla Buty,
Aged about 49 years,
Occupation-Landlord and Agriculturist.
R/o Plot No.128, South Ambazari Road,
Shraddhanandpeth, Nagpur-440 022.
....... PETITIONER
...V E R S U S...
Mrs. Khurshida Bano wd/o Jaffar Hussain,
Aged about 65 years, doing business in the name and style
"Deluxe Footwear", Shop Block No.3.
on the ground floor of building known as Bhojraj Building,
Wardha Road, Sitabuldi, Nagpur-440 012 and
resident of C/o Haider Ali Hussain, 2nd floor,
Above Ice Cube Pub & Restaurant,
Behind Titan Showroom, Mount Road, Sadar,
Nagpur-440 001. ....... RESPONDENT
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Shri R.M.Sharma, Advocate for petitioner.
Shri A.Matin, Advocate for respondent.
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CORAM : A.S.CHANDURKAR, J.
DATED : 09.10.2019
ORAL JUDGMENT
Rule. Heard finally with consent of counsel for the parties.
2. The petitioner is aggrieved by the order dated 18.03.2019 passed by the learned Judge of the Small Causes Court, Nagpur by which the application filed by the petitioner below Exhibit 14 for fixing interim standard ::: Uploaded on - 14/10/2019 ::: Downloaded on - 21/04/2020 01:34:40 ::: 2 WP2837.19(J) rent of the property occupied by the respondent herein has been decided by fixing the monthly rent at Rs.4,000/- per month by way of ad-interim direction.
3. The petitioner is the owner of the premises occupied by the respondent which has been let out to her on rent. The petitioner moved an application on 27.06.2016 seeking determination of standard rent under Section 8 of the Maharashtra Rent Control Act, 1999 at Rs.25,000/- per month. Written statement was filed by the respondent herein. Thereafter, the petitioner moved another application below Exhibit 14 for determination of interim standard rent. It was the case of the petitioner that the same be fixed at Rs.15,000/- per month. Reply was filed to that application opposing the same. The petitioner thereafter filed various documents along with list at Exhibits 17 and 20. He sought to rely upon various orders passed with regard to fixation of standard rent as regards similarly situated premises. The trial Court by the impugned order fixed the interim standard rent at Rs.4,000/- per month.
4. Shri R.M.Sharma, learned counsel for the petitioner submited that the learned Judge of the trial Court failed to take into consideration the effect of various orders passed, determining the amount of standard rent in respect of similarly situated premises in the same building where the ::: Uploaded on - 14/10/2019 ::: Downloaded on - 21/04/2020 01:34:40 ::: 3 WP2837.19(J) respondent was occupying such premises. He specifically referred to the documetns that were filed along with the list at Exhibits 17 and 20 to submit that since interim standard rent had been fixed in respect of premises in the vicinity, that adjudication was liable to be taken into consideration. He also referred to roznama of the proceedings to indicate the fact that such documents had been placed on record. It was thus submitted that without considering those documents, the interim standard rent has been fixed at Rs.4,000/- per month which was on a lower side. The impugned order therefore was liable to be set aside.
5. Shri A.Matin, learned counsel for the respondent on the other hand supported the impugned order. According to him, the trial Court considered all relevant aspects while passing the impugned order. Adjudication of interim standard rent as per the orders sought to be relied upon by the petitioner was not called for as the premises occupied by the respondent were not similarly situated with those premises. The claim made by the peritioner to fix the interim standard rent at Rs.15,000/- per month was exorbitant and hence there was no reason to interfere with the impugned order.
6. Heard the learned counsel for the parties and perused the documents on record. The roznama of the proceedings indicates that after ::: Uploaded on - 14/10/2019 ::: Downloaded on - 21/04/2020 01:34:40 ::: 4 WP2837.19(J) the application at Exhibit 14 was filed for determining the amount of interim standard rent, the petitioner filed on record various orders passed determining interim standard rent as per the list at Exhibits 17 and 20. Since, according to the petitioner as the interim standard rent had determined in respect of other premises situated in the same building, it was necessary for the trial Court to have considered the effect of those documents. It is seen that such lists at Exhibits 17 and 20 are reflected in the roznama and hence the trial Court ought to have taken into consideration the effect of those orders. If the trial Court found that said orders were not relevant for determining the interim standard rent of the premises occupied by the respondent, it was free to take that view by assigning reasons in that regard. However, the impugned order indicates non-consideration of that material. Hence on this short ground that the material placed on record has not been considered while determining the amount of interim rent, the same is liable to be set aside.
7. Accordingly, the order passed by the trial Court below Exhibit 14 on 18.03.2019 is set aside. The trial Court shall decide that application (Exhibit 14) after considering all the documents placed on record including documents as per the lists at Exhibits 17 and 20. All points in that regard are kept open. The application be decided expeditiously on its own merits ::: Uploaded on - 14/10/2019 ::: Downloaded on - 21/04/2020 01:34:40 ::: 5 WP2837.19(J) without being influenced by any observations in this order. The writ petition is allowed in aforesaid terms by make the Rule absolute. No costs.
JUDGE Andurkar..
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