Nagorao S/O Marotrao Ramtekkar vs Sanjiv S/O Sitaramji Khandelwal
2023 Latest Caselaw 10303 Bom

2023:BHC-NAG:14530


                                                              1                                   20-WP 3072.2021.odt




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

                                      WRIT PETITION NO. 3072 OF 2021
                                             NAGORAO S/O MAROTRAO RAMTEKKAR
                                                             VS.
                                              SANJIV S/O SITARAMJI KHANDELWAL

         Office Notes, Office Memoranda                           Court's or Judge's orders
         of Coram, Appearances, Court's
         orders      or    directions and
         Registrar's orders


                                            Mr. M. R. Khan, Advocate for the petitioner.
                                            Mr. S. S. Sharma, Advocate for respondent.

                                            CORAM :          AVINASH G. GHAROTE J.
                                            DATED :          05th OCTOBER 2023

Heard Mr. Khan learned counsel for the petitioner and Mr. Sharma for the respondent.

2. The petition questions order dated 25/01/2019 passed below Exh.23 passed by the learned trial Court by which the rent for the premises occupied by the petitioner has been increased from Rs.5200/- p.m. to Rs.9660/-p.m. with yearly increase of 5% and so also the responsibility to pay the taxes imposed by the Nagar Parishad.

3. Mr. Khan contends that since an expert was not examined, the impugned order stands vitiated, for which reliance is placed upon Writ Petition No. 7703/2018 in between Shri Chandrakant s/o Lala

KOLHE 2 20-WP 3072.2021.odt

Motilal Jaiswal and others vs. M/s. Devshakti Dal Mill and others with connected petition decided on 25/08/2022. A perusal of this Judgment indicates that the oral evidence of the Architect, who was examined as expert on behalf of the landlord in support of the prayer made in the application was considered. The Judgment does not lay down the proposition that in every case there is a need to examine an expert in support of the plea raised by the landlord. The Judgment is therefore of no assistance to the petitioner.

4. A perusal of the order indicates that the purpose of determining the fair rent under Section 8 of the Maharashtra Rent Control Act, 1999 the learned trial Court has considered rental agreements in respect of properties in the same locality which indicates the market rate of rent @ 65 per square feet per month (para 5 page 19). What has been awarded in the case of the petitioner is Rs.23/- per square feet per month, which is less than 50% of the market rate prevailing in the locality, considering which I do not see any reason to interfere in the impugned order. Therefore the writ petition is dismissed. No order as to costs.

JUDGE Signed by: Mr. Ravikant KOLHE Kolhe Designation: PA To Honourable Judge Date: 05/10/2023 19:11:23