TMI Blog2011 (5) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... io. 3. Thumb nail sketch of the facts of the case are mentioned hereinbelow:- Appellants herein are the tenants of two shops admeasuring 10x12 feet each, equivalent to 240 sq. ft., situated at National Highway Chakrata Saharanpur (U.P.). The map attached alongwith counter affidavit of the Respondent Nos. 1 to 3 (which is not disputed by the Appellants) shows that these shops are part of the building known as Jaitpur Sadan, now coming under commercial area. As per the sketch on record, it is bounded by 110 ft. wide National C.A. No.__@ SLP(C)No. 6319 of 2007 Highway to the east, a 90 ft. wide Town Hall Road to the west, a 20 ft. by lane to the south, and nothing is shown and no construction appears to be there in the north. In all, Jaitpur Sadan has five shops of the same size facing east and four shops of the same size and one adjoining mini-store (which is probably another smaller shop) and staircase for reaching first floor, facing west. 4. Earlier when the abovementioned Jaitpur Sadan was constructed, it appears that the same was about 20 Kms. away from the city of Saharanpur. Now with the passage of time, the outer limits of the city have grown and have come to includ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be partially modified by the Appellate Authority in as much as the order of release for two shops in their favour was maintained. 9. Thus, unsatisfied and feeling aggrieved thereof the Appellants preferred Civil Miscellaneous Writ Petition No. 39727 of 2004 before learned Single Judge of the High Court of Judicature at Allahabad. It appears while considering the application for stay, the C.A. No.__@ SLP(C)No. 6319 of 2007 learned Single Judge directed that the Appellants will not be dispossessed from the shops in dispute provided, w.e.f. September, 2005 onwards they pay the Respondent Nos. 1 to 3, rent at the rate of ₹ 600/- per month by 7th of each succeeding month. In case of two defaults, the stay order would stand vacated automatically. Non-payment of rent may also be a ground for dismissal of the writ petition. The said order was passed by learned Single Judge in the Appellants' Writ Petition on 14.09.2005. 10. It appears that the said writ petition continued to be pending before learned Single Judge. The same matter again came up for hearing before another learned Single Judge on 13.02.2007. On the said date learned counsel for Respondent Nos. 1 to 3 subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 316 of 2009 titled Md. Iqbal Vs. Atma Ram Ors.; order dated 03.01.2008 passed in Civil Appeal No. 14 of 2008 titled Md. Safi (D) Th. his LRs. Ors. Vs. Sri Farhat Ali Khan and order dated 20.10.2008 passed in Civil Appeal No. 6171 of 2008 titled Sadan Gopal Gautam Vs. Sushila Devi C.A. No.__@ SLP(C)No. 6319 of 2007 Ors. 15. Critical scrutiny of the aforesaid judgments/ orders would show that in these cases neither there was any offer made by the landlord nor any corresponding acceptance by the tenant, still the High Courts, in each of these cases, had enhanced the rates of rent unilaterally. But in the case in hand it is clearly reflected that Respondents-landlords made an offer to the Appellants/tenants which they agreed, only thereafter the rent was enhanced from ₹ 600/- per month to ₹ 2100/- per month, for both the shops. Thus, the ratio of the aforesaid judgments cited by learned counsel for Appellants has no application to the facts of the present case. 16. On the other hand learned counsel appearing for Respondents strenuously contended that building known as Jaitpur house, with the C.A. No.__@ SLP(C)No. 6319 of 2007 passage of time has come within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount was retained in deposit with it until the appeal was decided so that the amount in deposit could be disbursed by the appellate Court consistently with the opinion formed by it at the end of the appeal. No fault can be found with the approach adopted by the Tribunal. The High Court has interfered with the impugned order of the Tribunal on a erroneous assumption that any direction for payment by the tenant to the landlord of any amount at any rate above the contractual rate of rent could not have been made. We cannot countenance the view taken by the High Court. We may place on record that it has not been the case of the tenant-respondent before us, nor was it in the High Court, that the amount of ₹ 15,000/- assessed by the Rent Control Tribunal was unreasonable or grossly on the higher side . C.A. No.__@ SLP(C)No. 6319 of 2007 In fact, learned Single Judge has also taken note of the aforesaid judgment of this Court and only thereafter, the rental was worked out from ₹ 600/- per month for two shops to ₹ 2100/- per month. 18. No doubt, it is true that learned Single Judge has applied his own yardstick in working out the rent but only after both parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be carried out then in that case only after obtaining permission from the landlord in writing, the same shall be carried out and modalities with regard to adjustment of the amount spent thereon, would have to be worked out between the parties. (v) If present and prevalent market rent assessed and fixed between the parties is paid by the tenant then landlord shall not be entitled to bring C.A. No.__@ SLP(C)No. 6319 of 2007 any action for his eviction against such a tenant at least for a period of 5 years. Thus for a period of 5 years the tenant shall enjoy immunity from being evicted from the premises. (vi) The parties shall be at liberty to get the rental fixed by the official valuer or by any other agency, having expertise in the matter. (vii) The rent so fixed should be just, proper and adequate, keeping in mind, location, type of construction, accessibility with the main road, parking space facilities available therein etc. Care ought to be taken that it does not end up being a bonanza for the landlord. 22. These are some of the illustrative guidelines and norms but not exhaustive, which C.A. No.__@ SLP(C)No. 6319 of 2007 can be worked out between l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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