Rakesh S/O Anandprakash Joshi vs Smt. Vinodini W/O Harinarayan ...
2018 Latest Caselaw 264 Bom

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 NAGPUR BENCH : NAGPUR

                                                       WRIT PETITION NO.5656/2017

Rakesh S/o Anandprakash Joshi,
aged 45 Yrs., Occu. Business,
R/o Flat No.4, Sai Residency, 
Daulatwadi, Dattawadi, 
Nagpur 440 023.                                                                                                                                               ..Petitioner.

           ..Vs..

1.         Smt. Vinodini W/o Harinarayan Nigam,
           aged 76 Yrs., Occu. Nil. 

2.         Pradeep S/o Harinarayan Nigam,
           aged 57 Yrs., Occu. Nil. 

3.         Jagdeep S/o Harinarayan Nigam,
           aged 47 Yrs., Occu. Service. 

4.         Mrs. Sadhana Wd/o Dilip Nigam,
           aged 53 Yrs., Occu. Household. 

           All R/o Flat No.401, Wing No.3,
           Rajat Hills Apartments, Amravati 
           Road, Nagpur - 33.                                                                                                                     ..Respondents.
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           Ms. S.P. Dhotre, Advocate for the petitioner. 
           Shri S.N. Bhattad, Advocate for the respondents.   
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                                                                 CORAM :  Z.A. HAQ, J.

                                                                 DATE  :     10.1.2018.


                                                        
ORAL JUDGMENT

1. Heard Shri Ms. S.P. Dhotre, Advocate for the petitioner and Shri

S.N. Bhattad, Advocate for the respondents.

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2. Rule. Rule made returnable forthwith.

3. The petitioner / original defendant has challenged the order passed

by the trial Court by which the application (Exh. No.9) filed by the

respondent / plaintiff under Order 15-A of the Code of Civil Procedure is

allowed and the defendant is directed to pay an amount of Rs.1,08,500/- to the

plaintiff towards arrears of rent and to continue to deposit Rs.7,000/- per

month from May, 2017, towards current rent. According to the defendant, the

conclusions of the trial Court that the rent of the premises in question is

Rs.7,000/-per month is without any basis. The defendant claims that the rent

of the premises is Rs.3,500/- per month.

4. The learned Advocate for the plaintiff has submitted that the

tenancy is oral and there is no documentary evidence on record to show that

the rent of the premises in question is Rs.3,500/- per month or Rs.7,000/- per

month, however, the plaintiff has relied on the statement of bank account of

the defendant to point out that the defendant had been paying Rs.7,000/-

every month to the plaintiff and this amount is towards rent of the premises in

question. After scrutinizing the statement of bank account of the defendant, I

find that though an amount of Rs.7,000/-is paid by the defendant during some

months, the amount varies in some months. The Advocate for the defendant

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has submitted that though reply is not filed by the defendant before the trial

Court opposing the application (Exh. No.9), it was submitted on behalf of the

defendant before the trial Court that the rent can be Rs.5,000/- per month.

5. Considering the facts of the case, the following order is passed.

(i) The defendant shall pay Rs.5,000/- per month to the plaintiff from

May, 2015 till disposal of the civil suit.

(ii) The arrears of rent from December, 2015 till January, 2018 shall be

paid till 15th March, 2018.

(iii) The amount deposited by the defendant pursuant to the impugned

order shall be adjusted.

(iv) The defendant shall continue to pay Rs.5,000/- per month to the

plaintiff from February, 2018 till disposal of the civil suit. This amount shall be

paid till 10th of every month, starting from February, 2018.

(v) If there is any default on the part of the defendant in deposing the

amount of arrears of rent and in paying the current rent as per this order, the

plaintiff will be at liberty to file appropriate application before trial Court for

appropriate orders.

(vi) The amount deposited by the defendant before the trial Court be

given to the plaintiff.

(vii) The impugned order stands modified in the above terms.

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The petition is allowed accordingly.

In the circumstances, the parties to bear their own costs.

JUDGE

Tambaskar.