Ghanshyam vs Smt. Chandanbala And Anr.
2024 Latest Caselaw 16071 MP

Madhya Pradesh High Court

Ghanshyam vs Smt. Chandanbala And Anr. on 29 May, 2024

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         SA No. 513 of 2012
                                           (GHANSHYAM Vs SMT. CHANDANBALA AND ANR. AND OTHERS)

                           Dated : 29-05-2024
                                 Shri Mahendra Kumar Jain - Advocate for appellant.

                                 Shri Brijesh Garg - Advocate for respondent No.1.

Heard on I.A.No.2331/2021 filed for increasing the rent of the disputed shop from Rs.600/- to Rs.30,000/-.

Application is opposed by counsel for the appellant on the ground that

no material has been placed on record to assess the actual increase in the rent amount and still there is no provision for enhancing the rent during the pendency of the second appeal.

Learned counsel for the respondent has relied upon the judgments delivered in the case of State of Maharashtra and Anr. Vs. M/s. Super Max International Pvt. Ltd. and Ors. reported in AIR 2010 SC 722 and M/s. Martin @ Harris Pvt. Ltd. and Anr. Vs. Rajendra Mehta and Ors. reported in AIR 2022 SC 3287.

Heard learned counsel for the parties and perused the record in light of

the aforesaid judgments relied upon by counsel for the respondents.

The judgments relied upon by counsel for the respondents are distinguishable on facts as this is not a case for alteration in the mesne profit. In absence of any material, this Court is not inclined to increase the rent amount as prayed by counsel for the respondent. Hence, I.A.No.2331/2021 is dismissed.

Counsel for the appellant has drawn the attention of this Court towards order dated 06/09/2021, whereby urgent hearing application has been allowed and the case was fixed for final hearing at motion stage.

Counsel for both the parties agreed for final hearing at motion stage. As agreed, list on 07/08/2024.

(BINOD KUMAR DWIVEDI) JUDGE

Tej