50caw1941-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1941 OF 2011 IN WRIT PETITION NO. 477 OF 2005 Mr. Shaikh Khalil Ahmed Hamidulla ....Applicant. Vs. Mr. Alex A. Rodriquez ....Respondent. --- Mr. R.D. Vora for the Appellant. Mr. Amol P. Mhatre for the Respondent. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1 Heard Mr. Vora for the Appellant (Original Respondent in the Writ Petition) and Mr. Mhatre for the Respondent (Original Petitioner in Writ Petition). 2 The suit for eviction under section 41 of the Presidency of Small Causes Court Act, 1882 has been decreed on 13.9.2002 and the Appeal filed by the Defendant has been dismissed on 1.12.2004. The agreed licence fee was Rs.300/- per month and it is not in dispute that the same has been paid upto March, 2003. Mr. Mhatre has drawn my attention to the 50caw1941-11.sxw 2 money orders which have been sent towards licence fees for subsequent period of from April, 2003 onwards which were refused and hence, were returned to the Defendant licensee. 3 Mr. Vora relying on the valuation report states that it shows the reasonable compensation of Rs. 7100/- on the basis of the suit premises, admeasuring 100 sq.ft.. Mr. Vora further states that actual area of the suit premises is about 80 sq.ft and hence, claim for compensation is restricted to Rs.5680/- per month w.e.f. 1.4.2003. On the other hand Mr. Mhatre relied upon Reply Affidavit and pointed out that only portion of about 80 sq.ft. is in possession of the Defendant and that the Defendant has always been ready and willing to pay license fee of the area of which he is in possession. 4 I have considered the rival contentions. Considering the locality of the suit premises, it cannot be said that the suit premises are situated in a posh locality or would fetch rent as comparable to the rent fetched by commercial premises. The entire lane in which the suit premises are situate is full of Motor Repair Garages. The report of the Valuer relied upon by the Applicant values the entire suit premises at Rs.20,400/- per sq. ft and after giving discount for nature of the structure and depreciation, the premises are valued at Rs. 74,25,600/- and on that basis the 50caw1941-11.sxw 3 compensation is worked out. However, considering the nature of the suit premises, its location and the nature of the business being carried out by the Defendant in the suit premises, in my opinion, a monthly compensation of Rs.2000/- including sum of Rs.300/ being license fee for a period of 1.4.2003 to 31.3.2006, a compensation of Rs.2400/- from the period from 1.4.2006 till 31.3.2009 and compensation at Rs. 2900/-for the period from 1.4.2009 till 31st March, 2012 and compensation of Rs. 3,500/- per month for the period of from 1.4.2012 till 31st March, 2015 would be a reasonable compensation. 5 It is accordingly ordered that the original Defendant shall deposit the aforesaid amount of compensation in the Trial Court. All arrears till 31st October, 2011 to be deposited in five equal monthly installments ending on 30th November, 2011, 31st December, 2011, 31st January, 2012, 29th February, 2012 and 31st March, 2012. As and when any amount is deposited, the same shall be invested in a Nationalized Bank earning highest interest and the deposit should be renewed from time to time. 6 The arrears of license fee shall also be paid either directly to the Plaintiffs or to the Advocate of the Plaintiffs by a crossed-cheque drawn in favour of the Plaintiffs and the arrears of licence fee to be paid in the 50caw1941-11.sxw 4 same equal 5 monthly instalments. The deposit shall be renewed from time to time without waiting for any further orders. 7 The compensation for the month commencing from 1st November, 2011 shall be deposited in the Trial Court on or before 15th of every month and similarly, licence fee shall also be paid on or before 15th of every month. 8 In case of any default, the original Plaintiff will be at liberty to file Application for vacating interim relief, which would be considered on its own merits. 9 Hearing of the writ petition is expedited. [G. S. GODBOLE, J.]