Madhya Pradesh High Court
Gulshan Kumar vs Rekha on 4 October, 2024
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2024:MPHC-JBP:50999
1 MP No.1484/2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 4th OF OCTOBER, 2024
MISC. PETITION No. 1484 of 2019
GULSHAN KUMAR
Versus
REKHA AND OTHERS
Appearance:
Shri Jaideep Sirpurkar - Advocate for the petitioner.
Shri Alok Nayak - Advocate for the respondents.
ORDER
This Misc. Petition under Article 227 of Constitution of India
has been filed seeking following reliefs :-
"7.1. That, this Hon'ble Court may kindly be
pleased to set aside the impugned order dated
30.7.2018 & 7.2.2019 and fix the provisional
rent as per the rate of rent pleaded in the
application.
7.2. That this Hon'ble Court may kindly be
pleased to grant any other relief deemed fit in the
facts and circumstances of the case.
2. It is submitted by counsel for petitioner that respondents have filed
a suit for eviction on the ground of bona fide need and arrears of rent.
It was the claim of respondents that petitioner is a tenant in the suit
shop for a monthly rent of Rs.5000/-. The petitioner thereafter filed an
NEUTRAL CITATION NO. 2024:MPHC-JBP:50999
application under Section 13 (1) (2) of the MP Accommodation
Control Act seeking fixation of rent. It was the case of petitioner that
father of the respondents had executed a rent agreement, whereas
monthly rent was Rs.700/- per month. Subsequently, rent was revised
to Rs.1300/- per month which the petitioner had regularly paid. The
respondents filed their reply and the Trial Court by order dated
30.7.2018 fixed the provisional rent of the suit shop as Rs.3500/- per
month and directed the petitioner to pay arrears of Rs.1,13,200/- within
a period of two months.
3. Being aggrieved by the said order, the petitioner preferred a Misc.
Petition which was registered as MP No.4308/2018. A Coordinate
Bench of this Court by order dated 17.9.2018 granted a liberty to the
petitioner to prefer a review application. Accordingly, the petitioner
filed a review application which was rejected by order dated 7.2.2019.
4. Challenging the orders passed by the courts below, it was submitted
by counsel for the petitioner that the Trial Court had wrongly fixed the
provisional rent as Rs.3500/- per month by relying upon the judgment
passed by the Supreme Court in the case of Jamunalal vs.
Radheshyam, reported in (2000) 4 SCC 380. It is further submitted
that although the shop is situated in the mid of the market of
Chhindwara town but fixation of monthly rent at the rate of Rs.3500/-
per month is excessive.
NEUTRAL CITATION NO. 2024:MPHC-JBP:50999
5. Per contra, petition is vehemently opposed by counsel for the
respondents. It is submitted that in fact, monthly rent of the shop was
Rs.5000/-.
6. Heard learned counsel for the parties.
7. Since there is a dispute with regard to the rate of rent, therefore, the
petitioner filed an application under Section 13 (1) (2) of the MP
Accommodation Control Act. According to the petitioner, the initial
rent was Rs.700/- per month and later on it was enhanced from time to
time and ultimately it became Rs.1300/- per month. However, it is
fairly conceded by counsel for the parties that the shop in question is
situated in the mid of the market and size of the shop is approximately
225 Sq. ft. Chhindwara is a big city and size of the shop and location of
the shop are one of the important consideration for ascertaining the
provisional rent.
8. Looking to the location and size of the shop in question, this Court
is of considered opinion that Trial Court did not commit any mistake
by fixing provisional rent as Rs.3500/- per month and has rightly
directed to pay arrears of rent for the last 3 years which comes to
Rs.1,13,200/-.
9. Accordingly, orders dated 30.7.2018 and 7.2.2019 passed by the
Trial Court are hereby affirmed.
10. Although, Trial Court had directed to deposit arrears of rent within
a period of two months, but this Court by order dated 25.3.2019 had
NEUTRAL CITATION NO. 2024:MPHC-JBP:50999
passed an interim order thereby directing that the Trial Court shall not
struck off the defence of the petitioner as per Section 13 (6) of the Act.
11. Accordingly, interim order dated 25.3.2019 is hereby vacated. The
petitioner is granted two months' time to pay entire arrears i.e.
Rs.1,13,200/- and in case if the rent at the rate of Rs.3500/- per month
after the impugned order was passed i.e. 30.7.2018 is not paid, then the
said arrears shall also be paid within a period of two months from
today, failing which, Trial Court shall be free to struck off the defence
of the petitioner as provided under Section 13 (6) of the M.P.
Accommodation Control Act, 1961.
12. The petition fails and is hereby dismissed.
(G. S. AHLUWALIA)
JUDGE
JP
JITENDRA KUMAR Digitally signed by JITENDRA KUMAR PAROUHA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL BENCH INDORE,
2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c6324a2f64a5a,
postalCode=482001, st=Madhya Pradesh,
PAROUHA
serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B78033E5FF10402B19143AD9
9, cn=JITENDRA KUMAR PAROUHA
Date: 2024.10.05 14:45:56 +05'30'
