Ajay Jain vs Shree Omkar Charity Trust Through ...
2025 Latest Caselaw 5107 MP

Madhya Pradesh High Court

Ajay Jain vs Shree Omkar Charity Trust Through ... on 4 March, 2025

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                               1                                 SA-238-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                         SA No. 238 of 2024
                              (AJAY JAIN AND OTHERS Vs SHREE OMKAR CHARITY TRUST THROUGH TRUSTEE RAMESH AND
                                                                  OTHERS )



                           Dated : 04-03-2025
                                 Shri Chetan Jain - advocate for the appellants.
                                 Shri Vishal Baheti, Senior Advocate with Shri Harshit Sharma, learned
                           counsel for the respondent [R-3].

Heard on IA No. 5946, an application under Section 151 of CPC for

appropriate directions.

Learned Senior counsel for the respondent submitted that the property is commercial shop and rent has been fixed in the year 1997 as Rs. 2000/-. In this case, decree was passed in the year 2004 by the learned Trial Court. However, looking to the present conditions of dearness and the rate of market value, the rate of monthly rental value should be enhanced from the date of decree. In this regard, learned Senior counsel placed reliance in the judgment passed by Hon'ble Supreme Court in the cases of Marshall Sons & Co. (I) Lmt. Vs. Sahi Oretrans (P) Ltd. and another (1999) 2 SCC 325, Anna

Ram properties (P) ltd. Vs. Federal Motors pvt. Ltd. (2005) 1 SCC 705.

During the course of argument, counsel for the respondent submitted that looking to the facts and circumstances of the case, it may be enhanced as Rs. 30,000/- per month from the date of decree.

On the other hand, learned counsel for the appellant has opposed the prayer and submitted that the said rent should not be enhanced in view of the findings of learned Trial Court. But, during the course of arguments, he

2 SA-238-2024 agreed that at the most the amount may be enhanced to the tune of Rs. 15,000/- and the same should be enhanced from the date of order passed by this Court.

Considering the facts and circumstances of the case and also the fact that Rs. 2415/- has been fixed as monthly rent in the year 1997 and thereafter, 27 years have been lapsed, in view of rival submissions, the monthly rent be enhanced to the extent of Rs. 25000/- per month from the date of order passed today i.e. 4.3.2025.

Accordingly, the application stands disposed of.

(PREM NARAYAN SINGH) JUDGE

VD