Bombay High Court
The Nagpur Popular Book Shop Thr. ... vs Late Manohar Ramdas Buradkar ... on 15 June, 2021
Bench: Manish Pitale
1/4 22-WP 1952.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1952 OF 2021
The Nagpur Popular Book Shop through Manager Shri Vilas Todkar
vs.
Late Manohar Ramdas Buradkar (dead) through legal heirs
Smt.Shanta wd/o Manohar Buradkar and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. T. D. Mandlekar, Advocate for petitioner.
CORAM : MANISH PITALE J.
DATE : 15th JUNE, 2021
Hearing was conducted through Video
Conferencing and the learned counsel agreed that the
audio and visual quality was proper.
2. Heard learned counsel for the petitioner.
3. By this writ petition, the petitioner has
challenged orders passed by the Courts below on the
question of fixation of standard rent under the
provisions of the Rent Control Act, 1999. On an
application made by the respondent landlord for
fixation of standard rent, the Small Causes Court by
order dated 05/04/2014 held that the rent payable by
the petitioner for the suit shop was Rs.12000/-
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[Rupees Twelve Thousand only] per month from the
date of the application. The said application was filed
by the respondent landlord in the year 2005.
4. When the said order was challenged by
way of revision before the District Court at Nagpur,
an order dated 07/04/2015 was passed by the said
Court directing stay to the execution of the order
passed by the Small Causes Court on the condition
that the petitioner shall deposit an amount of
Rs.5000/- [Rupees Five Thousand only] per month
towards rent during the pendency of the revision
application.
5. By judgment and order dated 09/02/2021,
the revisional Court i.e. Court of Special Judge,
Nagpur, dismissed the Revision Application,
confirming the order passed by the Small Causes
Court.
6. The learned counsel for the petitioner
submits that the orders passed by the two Courts
below are not in accordance with the position of law,
because the respondent landlord was required to place
cogent material on record including documentary
material from Government authorities or other such
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material in order to demonstrate the prevalent market
rent, while claiming fixation of standard rent.
7. Reliance was placed on judgment of the
Hon'ble Supreme Court in the case of Mohammad
Ahmad & Anr. vs. Atma Ram Chauhan & Ors.
2011(4) Bom.C.R.74, as regards guidelines in this
respect. The learned counsel of the petitioner
submits that pleadings in the present case and the
evidence of the respondent landlord would show that
the onus was not satisfied by the respondent landlord
as regards cogent material to be placed on record for
determining prevalent market rate. It is submitted
that although reference was made to the relevant
judgment of the Hon'ble Supreme Court, the ratio of
the judgment was not applied in the correct
perspective in the present case in respect of the
quantum of standard rent as well as the extent of
tenanted area occupied by the petitioner before this
Court.
8. Issue notice to the respondents, returnable
in six weeks.
9. In the meanwhile, considering the fact that
the revisional Court during pendency of the revision
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application had directed the petitioner to deposit an
amount of Rs.5000/- [Rupees Five Thousand only]
per month towards rent in the year 2015, this Court is
of the opinion that as condition for grant of interim
order, the petitioner must deposit an amount of
Rs.7000/- [Rupees Seven Thousand only] per month
towards rent/occupational charges pertaining to the
said shop during pendency of the present writ
petition.
10. Accordingly, there shall be interim stay to
the effect and operation of the impugned orders,
subject to the petitioner depositing an amount of
Rs.7000/- [Rupees Seven Thousand only] per month
towards rent/occupational charges in respect of the
said shop in this Court during pendency of the writ
petition. The said amount for the month of June,
2021 shall be deposited by 22 nd June, 2021 and from
July, 2021 onwards the petitioner shall deposit the
said amount of Rs.7000/- [Rupees Seven Thousand
only] per month on or before the 7 th day of each
month. The respondent shall be entitled to withdraw
the said amount from this Court.
JUDGE
KOLHE
