Bombay High Court
Vilas S/O. Kisanrao Date vs Hemraj Vasantrao Battalwar And ... on 5 July, 2017
Bench: I.K. Jain
wp.491.16.jud 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.491 OF 2016
Vilas s/o Kisanrao Date,
Aged 46 years, Occu : Business,
R/o Kavita Apartment, Gorakshan Road,
Laxminagar, Akola,
Tah. & Distt. Akola. .... Petitioner
-- Versus -
01] Hemraj Vasantrao Battalwar,
Aged about 45 years, Occu : Service,
R/o Opp. N.C.C. Office, Alsi Plots,
Akola, Tah. & Distt. Akola.
02] Dr. Sau. Vandana wd/o Jagannath Dhone,
since deceased through L.Rs.
03] Dr. Jagannath Sitaram Dhone,
Aged - Adult, Occu : Medical Practitioner.
04] Atharva s/o Jagannath Dhone,
Minor, through his natural Guardian Father
Dr. Jagannath Sitaram Dhone,
Aged - Adult, Occu : Medical Practitioner.
Both r/o Kirti Nagar, Akola,
Tah. & Distt. Akola. .... Respondents
None for the Petitioner.
Shri P.K. Mohta, Advocate for Respondent No.1.
Shri A.R. Deshpande, Advocate for Respondent Nos.3 & 4.
CORAM : KUM. INDIRA JAIN, J.
DATE : JULY 5, 2017.
::: Uploaded on - 12/07/2017 ::: Downloaded on - 28/08/2017 09:08:47 :::
wp.491.16.jud 2
ORAL JUDGMENT :-
Heard Shri P.K. Mohta, learned Counsel for respondent
no.1 and Shri A.R. Deshpande, learned Counsel for respondent
nos.3 and 4. None for the petitioner.
02] Challenge in the petition is to the order dated
08/10/2015 passed below Exh.8 by the learned District Judge-3,
Akola in R.C.A. No.43/2015. By the said order, the learned
District Judge granted stay to the judgment and order passed by
the Civil Judge Junior Division, Akola in Small Cause Civil Suit
No.36/2008 for eviction against the petitioner/defendant no.2
and for recovery of arrears of rent against defendant no.1.
03] The grievance of petitioner is that while granting stay,
appellate court has directed defendant no.2 to pay Rs.15,000/-
per month to plaintiff as an interim compensation till the
decision of main appeal and such direction cannot be issued
against defendant no.2.
04] Learned Counsel for respondent no.1 placed reliance
on the decision of the Hon'ble Supreme Court in State of
::: Uploaded on - 12/07/2017 ::: Downloaded on - 28/08/2017 09:08:47 :::
wp.491.16.jud 3
Maharashtra and another vs. Super Max International
Private Limited and others - [(2009) 9 SCC 772] and
submitted that controversy is squarely covered by judgment of
the Hon'ble Supreme Court. Before the Hon'ble Supreme Court,
challenge was to the decision of this Court in Super Max
International Pvt. Ltd. and another vs. State of
Maharashtra - [2009(2) Mh.L.J. 134]. In paragraph 14 of the
said judgment, this Court observed thus :
"14. The Stamp Duty Ready Reckoner publishes
the rates for properties in various parts of Mumbai. In
respect of similar properties situated in the same
area, the value of the property is stated to be about
Rs.12,000/- per sq. ft. Normally, the rates mentioned
in the ready reckoner are lower than the actual
market rates. In any event, they are seldom higher
than the actual market rate. A reasonable return on a
leave and licence basis would be not less than 6% of
the value of the property."
Appeal filed against the judgment passed by this
Court came to be dismissed by the Hon'ble Supreme Court.
05] Since, as per ready reckoner, 6% of the value of the
property is to be considered as a reasonable return on a leave
::: Uploaded on - 12/07/2017 ::: Downloaded on - 28/08/2017 09:08:47 :::
wp.491.16.jud 4
and licence basis and the valuation of the property in the present
case shown in the valuation certificate is Rs.36,26,000/-, this
Court does not find any perversity or illegality in imposing
condition of payment of Rs.15,000/- per month. As such no
interference is warranted in writ jurisdiction. Hence, the following
order :
ORDER
I. Writ Petition No.491/2016 stands dismissed.
II. No order as to costs.
*sdw (Kum. Indira Jain, J.)
