Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2014 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 1299 - HC - Indian LawsNo consensus-id-idem on actual rent in 1995 in respect of the suit premises - matter referred to a Third Judge - HELD THAT:- Since the figure arrived at by the trial court in the range "between Rs. 14/- and Rs. 18/- per sq. ft" per month is with reference to the rent at the R.N Mukherjee Road property of Rs.20 per sq. ft per month, on the basis of the additional evidence, the suit premises on Kiran Shankar Ray Road which has its entrance on Old Post Office Street should have commanded roughly 20 per cent more on account of rent than the comparable R.N. Mukherjee Road property at the relevant time. The rent of the R.N. Mukherjee Road Property was Rs.20 per sq. ft per month. The rent in respect of the suit premises in 1995 is thus assessed to be 20 per cent in excess of the value of rent at the R.N. Mukherjee Road property of Rs. 20; or, Rs.24 per sq. ft per month. The question posed in the reference is answered accordingly by holding that the rent in 1995 in respect of the suit premises would have been Rs.24 per sq. ft per month. In accordance with the mandate of Clause 36 of the Letters Patent, the majority view of the Judges who have heard the relevant point in the appeal is recorded as Rs.24 per sq. ft per month being the rate of rent in the suit premises in the year 1995. The reference is disposed of.
|