Supreme Court - Daily Orders
Damodar Lal vs Sohan Devi on 7 January, 2015
1
ITEM NO.41 COURT NO.2 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 8430/2013
(Arising out of impugned final judgment and order dated 27/09/2012
in SBCSA No. 109/2002 passed by the High Court Of Rajasthan At
Jodhpur)
DAMODAR LAL Petitioner(
s)
VERSUS
SOHAN DEVI AND ORS Respondent(
s)
(with office report)
Date : 07/01/2015 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE T.S. THAKUR
HON’BLE MR. JUSTICE ADARSH KUMAR GOEL
For Petitioner(s) Mr. Pallav Shishodia,Sr.Adv.
Ms. Padma Priya,Adv.
Mr. T. Mahipal,Adv.
For Respondent(s) Mr. Subrat Birla,Adv.
Mr. S. C. Birla,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard.
Leave granted.
Pending further orders from this Court, we are of the view that the rent currently fixed for the premises in-question at the rate of Rs.1,300/- per month is abysmally low keeping in view the fact that the premises in-question is being used commercially and Signature Not Verified Digitally signed by Mahabir Singh Date: 2015.01.08 is located in a commercially valuable area of the city of Bhilwara 17:52:02 IST Reason:
in Rajasthan. The accommodation measures around 2580 sq. feet and is currently being used as a showroom for sale of timber.2
Although there is nothing on record before us to indicate the market rental value of the premises in-question, at present the rent can provisionally be fixed at the rate of Rs.10,000/- per month with liberty to both the parties to seek modification of the amount so fixed on the basis of the material to support any such modification. We accordingly direct that until further orders and subject to the liberty, as above, the respondents-tenant shall pay to the landlord-appellant herein rent at the rate of Rs.10,000/- (Rupees ten thousand) per month w.e.f. 1st January, 2015.
(MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER