Bombay High Court
Trust House Commerce Centre ... vs Ms. Niloufer K. Bharucha And Ors on 4 July, 2022
Bench: Nitin W. Sambre
15.CAC.402.16.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.402 OF 2016
Digitally
IN
signed by
BALAJI
BALAJI
GOVINDRAO CIVIL REVISION APPLICATION NO.225 OF 2016
GOVINDRAO PANCHAL
PANCHAL Date:
2022.07.05
11:36:59
+0530
Trust House Commerce Centre Pvt. Ltd. ..Applicant
Versus
Ms. Niloufer K. Bharucha and Ors. ..Respondents
Mr. Sanjiv A. Sawant, for the Applicant.
Smt. Swati D. Sawant, for the Respondents.
CORAM : NITIN W. SAMBRE, J.
DATE : 4st JULY, 2022
P.C.
1. The present application is taken out for issuing
directions to the respondents/tenants who have suffered a
decree of eviction for failure to clear the arrears.
2. Drawing support from the judgment of Apex
Court in the matter of Atma Ram Properties (P) Ltd. Vs.
Federal Motors Pvt. Limited reported in 2005(1) SCC
705, the land owner i.e. applicant has sought interim
compensation of Rs.82,500/-. The aforesaid compensation
is sought to be justified having regard to the area of 1,787
sq. ft. being occupied by the tenant. It is claimed that the
property located in the commercial area viz. M. G. Road,
Camp, Pune and has commercial value. It is claimed that
Sharada 1 of 3
15.CAC.402.16.doc.
irrespective of the cost for which the property is being used
by the tenant in view of the prevailing market rates which
can be justified in view of the documents produced on
record viz. valuation report and the other evidence, it is
necessary to direct payment of compensation of 82,500/-
per month as against rent of Rs. 2,000/- per month.
3. While resisting the aforesaid claim, counsel for
the non-applicant/tenant would urge that the building in
question is more than 85 years old and the non-applicant/
tenant is occupying the premises for more than 80 years. It
is also claimed that the Trial Court has dismissed the claim
for eviction which was of non-user and arrears, however,
the Appellate Court on the ground of arrears has granted
decree of eviction.
4. In the aforesaid background, it is claimed that
the tenant has fairly good case of being getting success
before this Court and that being so, the application needs
to be dismissed having regard to the expeditious hearing
order passed by this Court on 14th June, 2017, as the non-
Applicants are senior citizen.
5. I have appreciated said submissions.
6. The prayer for grant of interim compensation is
based on the judgment of Apex Court in the matter of
Sharada 2 of 3
15.CAC.402.16.doc.
Atma Ram Properties (cited supra). It is also not in dispute
that the non-applicant/tenant is occupying around 1800
sq.ft. of the area in commercial locality.
7. The fact that the premises are being used by the
non-applicant at monthly rent of Rs.2,000/-, rightly so, the
present application is based on the aforesaid rights flowing
from the judgment of Apex Court in the matter of Atma
Ram Properties (cited supra). In this background, it will be
appropriate, in my opinion, particularly having regard to
the total area in the possession of the non-applicant/tenant
part of which is used for semi-commercial purpose, the
location of the premises in commercial area, it will be
appropriate to direct the non-applicant/tenant to deposit
an interim compensation of Rs. 15,000/- per month in this
Court before 10th day of each English calendar month. The
application stands allowed in above terms.
8. The aforesaid amount shall be deposited from
the date of the application.
9. The arrears to be deposited within four months
from today.
[NITIN W. SAMBRE, J.]
Sharada 3 of 3
