CAC. 178-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 178 OF 2011 IN CIVIL REVISION APPLICATION No. 565 OF 2010 Sadanand Bhikaji Ghate ...Applicant Vs. Shivanand Narayan Shetty ...Respondent *** Mr. R. S. Apte i/b H. M. Pandya, for the Applicant. *** CORAM: V. M. KANADE J. DATE : JUNE 29, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the applicant. None appears on behalf of the respondent, though served. On the last date i.e. 4-5-2011 also neither the respondent nor his counsel remained present and therefore, as a last chance, the matter was adjourned to today. However, even today none appears on behalf of the respondent. 2. The applicant who is the original landlord is seeking a direction, directing the respondent/defendant to deposit in the trial court CAC. 178-11 - 2 - the entire arrears of Rs.79,956.71 Ps. as per the particulars of the Statements prepared at Exhibit “6” and for a further direction, directing him to deposit Bill of Costs as per the decree dated 11-8-2010 + the decreetal amount and compensation during pendency of the Civil Revision Application. However, the Civil Revision Application was admitted and liberty was granted to the applicant herein to apply for fixing the amount of compensation and in view of the said liberty granted, present application has been filed. 3. Learned counsel for the applicant has submitted that he has annexed Architect’s report in support of his claim. The Architect, who is a government registered valuer has stated in his report that a fair amount of compensation would be per month Rs.10,000/-, exclusive of all taxes which are levied. 4. Respondent has filed his reply and in the reply he has stated that the demand of said amount of compensation is exorbitant. However, he has not annexed any other material for the purpose of disputing the said amount, which is arrived at by the applicant’s architect. 5. Since the Civil Revision Application has been admitted, and in view of the judgment of the Judgment of the Supreme Court in the CAC. 178-11 - 3 - case of Atma Ram Properties (P.) Ltd. vs. Federal Motors (P), Ltd.,1 the applicant/original landlord is entitled to apply for compensation at the market rate. The Valuer has given his report and has stated that the royalty is Rs.10,000/-. The suit premises consists of a room admeasuring 44.88 Sq. mt., comprising of ground and first floor in a row house like construction. In my view, it would be appropriate if the tenant/ respondent herein is directed to pay monthly compensation @ Rs.7,500/- during pendency of the revision. Civil Application is, accordingly, allowed in terms of prayer Clause (a) and apart from payment of arrears and other amounts which are mentioned in the said prayer Clause, respondent shall pay monthly amount of Rs.7,500/- from 11-8-2010 till disposal of the Civil Revision Application. . Hearing of the Civil Revision Application is expedited. [ V. M. KANADE J.] 1 [(2005)1 Supreme Court Cases 705]