:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 87 OF 2008 Shri Mohan L.Singh Malad, Mumbai ...Petitioner Versus Jagdeo R.Tiwari, Malad, Mumbai ....Respondent ====== Mr.S.J.Chaurasia i/by. M/s.Ashoka Law Firm, Adv. for the petitioners. Mr.R.R.Tiwari, Adv. for the respondent. CORAM: S.C.DHARMADHIKARI, J. DATED: 19TH MARCH, 2008. P.C. P.C. P.C. : : : 1. The Petitioner-Tenant is aggreived by an Order passed on Injunction Notice (Exhibit.5) in R.A.E.and R.Suit No.1/5 of 2005. 2. The Original Plaintiff has filed a suit against the present petitioner-tenant and it is pending. In that Suit, the First Respondent-Landlord applied that pending the hearing and final disposal of :2: :2: :2: the suit for possession, the petitioner be ordered to deposit a sum of Rs.42,000/- in court which are arrears of rent and permitted increases from 1.1.2004 till December, 2004 and thereafter further monthly compensation from the 1.1.2005 at the rate of Rs.4200/-. 3. The petitioner replied to this notice and has categorically urged that he has paid the rent which is Rs.200/- and Rs.500/- respectively. However, now the landlord is demanding Rs.1200/- and Rs.3000/- respectively on the ground that the taxes have increased. It was urged that as per the consent terms between the parties, the landlord was permitted to increase the rent only if the BMC demands Taxes at increased rates. Upon proof of the said taxes being increased, payment made, the Landlord could have called upon the petitioner to pay the sums and not otherwise. 4. There is a Rejoinder Affidavit but the landlord does not produce any document, save and except, relying upon the Suit Notice. :3: :3: :3: 5. The Trial Court has after hearing both sides, passed an Order that the increase in BMC Taxes is reflected in the Demand Notice, BMC Tax Bills. Assuming Bills are enclosed with the Rejoinder which was sent in reply to the Suit Notice, however, without referring to any of them or the contents or the quantum mentioned therein, the directions have been issued to the present petitioner to pay Rs.4,200/-. 6. The petitioner challenged that order of the Trial Court dated 15.7.2005 before the Bench of Small Causes Court. That Bench while holding that the Revision Application itself is not maintainable, proceeded to confirm the order on merits. 7. In my view, if the petitioner has to be called upon to comply with Section 15(4) of the Maharashtra Rent Control Act, 1999 or Order XVA of CPC as inserted in the Code of Civil Procedure by the Government of Maharashtra, then, all particulars must be placed before the court with regard to the rent and permitted increases. The order of the court must reflect application of mind to the contents of the Application :4: :4: :4: and the demand therein. The order must set out reasons as to why the court is issuing the directions. If the impugned order of the Trial Court is perused, then, there is neither any reference to the quantum of rent nor the permitted increases, so also, there is no reference to the Consent Terms between the parties. In such circumstances, the order under challenge cannot be sustained. It is accordingly quashed and set aside. The landlord is at liberty to make a fresh Application setting out the particulars and calling upon the petitioner to comply with the requirement stipulated by Section 15 of the Maharashtra Rent Control Act, and if such an Application is made, the court below to decide the same, uninfluenced by any of the observations in the impugned order. Till the landlord files this Application, the petitioner-tenant must pay Rs.200/- and Rs.500/- per month and any default in respect thereof shall entail in the consequences provided in law. Till the Suit is heard and disposed off, the Tenant not to alienate, transfer or create third party rights, so also, part with possession of the suit premises. Writ Petition is allowed in the above terms. No costs. :5: :5: :5: sd/- **********