contention that the Applicant no longer enjoys protection from rent
escalation and eviction. That therefore the IOCL has no right to remain
in possession ... escalation and
eviction. Maharashtra Rent Control Act is a special legislation enacted
with the objective of offering protection from rent escalation and
eviction only
with respect to the suit property till
31.07.2011 as per the escalated rents mentioned earlier.
8. It was also agreed between the parties that ... ultimately, as the defendants did not confirm the offer of the
escalated rent from the plaintiffs for an unduly long time,
the plaintiffs were constrained
House Rent Controller and as to whether in the absence of any determination of fair rent by the Controller, the dispute relating to escalated rent ... portion of the awarded amounts related to rent and, therefore, the agreed rent has been escalated I have already indicated my limitations, in dealing with
ANALYSIS
39) Rent control legislations in India are enacted in various
states with the aim of protecting the urban tenancies from rent
escalation and eviction ... areas of the country. It was noticed that
excessive control over rent escalation and eviction resulted in steady
decrease of housing stock for tenancies
ANALYSIS
39) Rent control legislations in India are enacted in various
states with the aim of protecting the urban tenancies from rent
escalation and eviction ... areas of the country. It was noticed that
excessive control over rent escalation and eviction resulted in steady
decrease of housing stock for tenancies
Revision Application. Mr. Thorat would further submit that the
protection from rent escalation and eviction is created by the provisions ... relevant for the purpose of determining the entities who shall enjoy the
rent control protection. That there is nothing in the Act which seems
protection
granted under the provisions of the Bombay Rent Act from rent
escalation and eviction.
Page No. 12 of 17
5 December 2024
::: Uploaded ... protection under the Bombay Rent Act to a tenant
from rent escalation cannot be overstretched to ridiculous level
where a commercial tenant exploiting the land
commercial use,
defendants defaulted in making regular rent payments and failed to
honor the agreed rent escalation, resulting in the present claim for
arrears ... 2023 16/34
by documentary evidence of market benchmarks. The rent
escalation agreed upon by the parties was gradual and in line with
prevailing commercial
claim for
arrears of rent, maintenance, and interest totaling ₹21,80,940/-.
The plaintiffs provided detailed ledgers, showing rent
escalations from ... claimed or
their inclusion in the rent ledger (Ex.PW1/7). The ledgers
primarily reflect rent escalations without explicit segregation
of maintenance
fixed-term nature and the defendant's admitted
initial rent escalation pattern.
46. Given the overall circumstances and my findings on Issue ... agreed rent structure and judicial
precedents for reasonable escalation.
47. In this context, the last escalated rent under the agreement
was approximately
