Saleem Khan vs Liyakat Ali
2022 Latest Caselaw 5255 MP

                                      1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                SA No. 179 of 2006
                   (SALEEM KHAN AND OTHERS Vs LIYAKAT ALI AND OTHERS)

Dated : 11-04-2022
      Shri P.C.Chandil, learned counsel for the appellants.

      Shri Harish Dixit, learned counsel for the respondents.

Heard on I.A.No.4567/2021, an application under Section 151of CPC for enhancement of rent filed by the respondents.

The application in brief is that the appellants have been tenants of the respondents in 979.8 sqft open land and a room of area 128.52 sq ft. Appellants

are paying rent at the rate of Rs.20 per month which is very low as the suit premises is situated in a place with very high commercial value and high rental potential. Therefore, in view of the rates prevailing in the said area, the rent pending the appeal deserves to be enhanced reasonably to meet out the ends of justice.

Learned counsel for the respondents cited the orders of coordinate Benches of M.P., High Court, Jabalpur passed in S.A.No.516/2008, F.A.No.214/2004 and S.A.No.231/2016 vide orders dated 05/11/2020, 31/01/2019 and 04/12/2019 respectively in which the coordinate benches have increased the rent during the pendency of the appeal.

Learned counsel for the appellants filed a written reply through Document No.1416/2022 and denied the allegations made in the application stating therein that the relationship of the landlord and tenant is not there between the appellants and the respondents. The appellants are not the tenant in the suit premises. On the basis of agreement to sale by Mumtaj Hussain with the defendants a decree of specific performance has been passed in which the respondents are also party and decree of permanent injunction has also been passed against the respondents restraining them from interfering in possession and occupation of the appellants and to execute the sale deed of the premises including suit premises. The question of any rent or enhancement of the rent does not arise.

On perusal of record, it reveals that this appeal is admitted for final hearing on the following substantial questions of law:

(i) "Whether the learned courts below erred in holding the relationship of

landlord and tenant between the appellants and respondents and decreeing the suit of eviction in existence of judgment and decree Ex.D/5 and D/6 passed by the competent court?'' Apparently, there is a dispute between the appellants and the respondents in

respect to the relationship of the landlord and the tenant. The facts of the cases in the orders of coordinate Benches of M.P. High Court, Jabalpur cited by the appellants are different from this case. The rent was increased in above cited cases as the relationship of landlord and tenant was not under dispute. However, in this case, relationship of landlord and tenant is under dispute, therefore, the said orders do not support the case of the respondents.

Consequently, I.A.No.4567/2021 is rejected.

List the case for final hearing in due course.

(SUNITA YADAV) JUDGE

Monika MONIKA SHARMA 2022.04.13 16:35:52 +05'30'