THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
C.R.P.No.245 OF 2018
ORDER:
This Civil Revision Petition is directed against the judgment dated 14.09.2007 passed in R.A.No.20 of 2015 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad (for short "appellate Court"), confirming the order dated 02.11.2015 passed in R.C.No.250 of 2010 on the file of Principal Rent Controller-cum-Junior Civil Judge, Hyderabad, (for short, "trial Court").
2. The appellant is respondent No.1 (tenant) in R.C.No.250 of 2010 and respondent No.2 is the petitioner (landlady) in the said rent control proceedings. Respondent No.2 succeeded the petition schedule property after the demise of respondent No.1. The parties are herein after referred to 'appellant' and 'respondent No.2' as they are arrayed in the appeal for the sake of convenience.
3. The brief facts of the case are that respondent No.2 is the absolute owner of two shops on the ground floor bearing Municipal No.4-1-509/1 and 2, situated at Troop Bazar, Hyderabad (hereinafter referred to as "premises"). The appellant has obtained an extent of 162 Sq.feet in the said premises on a monthly rent of Rs.2,099.10 Ps., exclusive of electricity charges and municipal taxes, which includes Rs.1,049.55 Ps., towards amenities and executed a written 2 rental agreement dated 01.09.1994. The said premises is situated in one of the busy commercial area in twin cities of Hyderabad and Secunderabad and nearer to the flower and fruit market, Cinema Theaters, hotels etc. Abids circle is half kilometer from the said premises, wherein there are number of shopping complexes and financial institutions in and around the premises. In the recent past, there is steep hike in rental value of the commercial properties at Troop Bazar area and that the premises fetches rent of Rs.25,000/-, therefore, she filed a Rent Control Case No.250 of 2010 under Section 4 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act for fixation of fair rent at the rate of Rs.25,000/- per month.
4. Per contra, the appellant denied the averments made by the respondent No.2 and contended that she paid a sum of Rs.2,50,000/- towards goodwill at the time of inception of tenancy. The monthly rent is Rs.1,049.55 Ps., only and that no amenities are provided to the premises by the respondent No.2.
4. The trial Court, on consideration of the record, has fixed the fair rent at Rs.15,000/- per month in respect of the said premises with a periodical enhancement at the rate of 15% for every three years.
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5. Aggrieved by the order of the trial Court, the tenant filed R.A.No.20 of 2016 on the file of Additional Chief Judge, City Small Causes Court, Hyderabad, and by judgment dated 14.09.2017, the appellate Court confirmed the order passed by the trial Court. Aggrieved thereby, the present C.R.P., is filed.
6. The learned counsel appearing for the petitioner submitted that the judgment of the lower appellate Court, confirming the order passed by the learned Rent Controller, fixing fair rent in respect of the premises at the rate of Rs.15,000/- per month i.e., Rs.93/- per Sq.feet is illegal, arbitrary, high handed, unreasonably and not based on the proper appreciation of the facts of the case, evidence and material on record and therefore prayed to allow the revision by setting aside the said judgment and order.
6. On the other hand, the learned counsel for the respondents submitted that the lower appellate Court has passed well considered judgment and confirmed the order passed by the trial Court by appreciating the evidence on record and there are no grounds to interfere with the concurrent findings of both the Courts.
7. There is no dispute with regard to jural relationship between the parties and the property is situated in the heart of the city in a commercial and busy locality though it was 4 constructed in the year 1994. It is also not in dispute that the landlady has provided the basic amenities to the premises including power and water supply and that it is in the multi- storied building. Having regard to the size and utility of the building, location and surround establishments, it can be used exclusively for commercial purpose.
8. To prove that the premises will fetch more rental value, respondent No.2 relied on Ex.P3 registered lease deed dated 06.07.2007 in respect of the premises admeasuring 80 Sq.feet, situated at Troop Bazar, Hyderabad, behind Rama Krishna Theatre and the said property is fetching rent of Rs.11,000/- per month. To prove the said fact, the respondent No.2 filed I.A.No.15 of 2012 to summon the witness and the trial Court dismissed the said I.A. She filed C.R.P.No.2369 of 2012 and the High Court observed that since Ex.P3 has not been disputed, the question of summoning the relevant witness does not arise and that the petition schedule property fetches fair rent of Rs.22,275/- per month.
9. The trial Court and the appellate Court after thorough examination of the evidence available on record have rightly came to the conclusion that the premises will fetch fair rent of Rs.15,000/- per month and therefore fixed the said rent with 15% enhancement for every year.
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10. This Court while considering the further submissions of Mr.Shyam S.Agarwal, counsel appearing for the appellant, reduced the monthly rent from Rs.15,000/- to Rs.12,500/- with 15% yearly enhancement.
11. Therefore, there are no further grounds to interfere with the concurrent findings of both the Courts below. The tenant is liable to pay the arrears of rent in the light of fixation of fair rent. Since the tenant has vacated the premises and good will amounts if any deposited with the owner shall be adjusted.
12. For the aforesaid reasons, the Civil Revision Petition is partly allowed to the extent indicated above by modifying the judgment dated 14.09.2007 passed in R.A.No.20 of 2015 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad and the order dated 02.11.2015 passed in R.C.No.250 of 2010 on the file of Principal Rent Controller- cum-Junior Civil Judge, Hyderabad. No order as to costs. As a sequel, miscellaneous petitions, if any, pending in this Civil Revision Petition shall also stand dismissed.
_______________________________ JUSTICE T.AMARNATH GOUD Date: 30-09-2021.
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