:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE SECOND APPEAL NO.174 OF 2008 SECOND APPEAL NO.174 OF 2008 SECOND APPEAL NO.174 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.654 OF 2007 CIVIL APPLICATION NO.654 OF 2007 CIVIL APPLICATION NO.654 OF 2007 Mallikarjun Gurusidhappa Valikhindi ...Appellant. v. The Commissioner, Kolhapur Municipal Corporation, Kolhapur and another ...Respondents. Mr.T.D.Deshmukh , adv. for the Appellant. Mr.S.S.Patwardhan , adv. for the Respondents. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 12TH August, 2008. DATE: 12TH August, 2008. DATE: 12TH August, 2008. P.C. P.C. P.C. 1. The appellant before this Court is the original plaintiff, who is chartered accountant by profession. He had taken a shop or Gala No.3 Shahu Cloth Market in Kolhapur from Kolhapur Municipal Corporation in the year 1983. At that time, agreed rent was Rs.450/- per month. Lease agreement was for 7 years. On expiry of seven years, the Municipal Corporation revised rents of all the shops in that area. According to the plaintiff by resolution no.564 dated 19.9.90 initially the rent was increased from Rs.405/- to Rs.3,275/-. Thereafter, on representation of the shopkeepers, rent was reduced and the rent of the shop occupied by the plaintiff was reduced to Rs.810/-. The plaintiff challenged the legality and the validity of the resolution no.564 dated :2: 19-9-90 by which the rent was initially increased to Rs.3,275/-. He also contended that rent of Rs.810/- was very exorbitant and that reasonable and fair rent should be Rs.200/- per month. The Municipal Corporation contested the suit and contended that resolution no.564 was already superseded by another resolution no.747 by which rent was fixed at Rs.810/-. 2. After hearing the parties, the learned trial Court declared that the resolution no.564 dated 19-9-90 is illegal, arbitrary, unreasonable and without jurisdiction. The trial Court held that the fair and equitable rent of the suit premises was Rs.410/-. Accordingly, the learned trial Court passed the decree and restrained the Municipal Corporation from increasing the rent permanently from Rs.410/-. This order was challenged by the Municipal Corporation in Regular Civil Appeal No.139 of 1998. The District Court allowed the appeal and set aside the judgment and order passed by the trial Court. The learned Appellate Court noted that the increase in the rent could not be called arbitrary because the Corporation had not increased the rent frequently. It was noted that originally the rent of Rs.405/- was fixed in 1983 when the property was leased out to the plaintiff for a period of 7 years and on expiry of 7 years, it was reasonable that the Corporation could fix the rent again. The Corporation is also entitled to fix the rent under Section 79 of the :3: Act. 3. Taking into consideration increase in the prices and the increase in the value of the property, if the Municipal Corporation had increased the rent to Rs.810/-, it could not be called arbitrary or illegal. The Municipal Corporation could not be permanently restrained from increasing the rent in view of the powers given to it under section 79 of the Municipal Corporation Act. It is material to note that the plaintiff sought declaration that resolution no.564 was illegal, arbitrary, bad in law and without jurisdiction. By that resolution rent was increased to Rs.3,275/-. Admittedly, that resolution was superseded by the Municipal Corporation in view of the representation made by the people and by another resolution no.747 dated 9-10-90, rent of this premises was increased to Rs.810/-. That resolution no.747 was never challenged in the said suit. Taking into consideration the circumstances, I do not find any substantial question of law involved in the present appeal. 4. The appeal stands dismissed. As the appeal itself is dismissed, civil application does not survive and stands disposed off accordingly. :4: (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)