1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1734 OF 2008 IN WRIT PETITION NO.4749 OF 1999 Mrs. Banubai Rustum Irani. ..Applicant. V/s. Mrs.Gulabano Rustomji Moosa(deceased) through legal representative Dr.Parvez R.Moosa. ..Respondent. Mr.Prathamesh Bargude i/b. Mr.S. Deshmukh for applicant. Mr.Raj Patel i/b. M/s.K.V.Aiyar & Associates for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 28, 2009. DATE : JANUARY 28, 2009. DATE : JANUARY 28, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. Perused the relevant evidence and document on record. 2. By this Application, the landlord prays that interim compensation and/or mesne profit in respect of suit premises be fixed and the Respondent/tenant be directed to pay the same during the pendency of proceeding in this Court. In the prayer clause, no specific amount has been stated. However, the Applicant has produced material to substantiate as to what would be the fair market compensation to be 2 fixed in respect of the suit premises. Amongst other, the Applicant relies on the ready reckoner valuation in respect of suit premises, which is stated to be around Rs.29,000/- per sq. meter. Reckoning that price, the valuation would be around 800 x 2745 per sq. ft. = 21,96,000/-. Taking minimum 10% of this price as fair market return in respect of suit premises, the monthly return shall work out to Rs.16,000/- per month. Indeed, the Applicant is relying on the valuers’ report which indicates that the monthly compensation in respect of the suit premises ought to be around Rs.21,400/-. However, I would prefer to rely on the rate specified in the ready reckoner and applying the said valuation determine the interim compensation in respect of suit premises, which is around Rs.16,000/- per month. 3. Counsel for the Respondent/tenant on the other hand, relies on valuer’s report which however, pertains to valuation of year 1999. That cannot be the basis to decide fair market return receivable in respect of the suit premises as of today. Accordingly that will have to be discarded. 4. For the aforesaid reason, request for fixing interim compensation/mesne profit in respect of suit 3 premises is allowed to the extent of Rs.16,000/- per month payable by the Respondent/tenant on or before 7th of every English calender month. 5. The next question is to fix the date from which the liability of the tenant has accrued to pay interim compensation. Obviously, the liability ought to be from the date of decree. However, as the matter is pending in this Court and the landlord has filed present application only on 19th June, 2008 and carried out amendment praying for the relief which is now granted in this order on 18th October, 2008, I would fix the liability of the tenant to pay the monthly outgoing as indicated earlier from the month of October, 2008, which amount would become payable in the first week of November, 2008. The arrears as payable by the tenant in terms of this order shall be deposited in this Court within four weeks from today. Besides, the tenant shall be obliged to pay the monthly interim compensation on or before 7th of every English calender month. Failure to comply with any of the above conditions, the interim relief operating in favour of the tenant shall stand vacated, in which case, the landlord will be free to proceed with the execution proceeding. 4 6. It is made clear that this order is not an expression of opinion in either way on the merits of the controversy nor would it affect right of the landlord to apply for final mesne profit payable by the tenant, consequent to the decree ,to be passed in respect of the suit premises against the tenant. All question in the said proceedings will have to be decided on its own merits in accordance with the law, uninfluenced by any observations made in the present order. 7. The applicant/landlord would be free to withdraw the amount deposited by the tenant on giving undertaking that he shall bring back requisite amount, if the Court so directs at the end of the hearing of the Writ Petition. Besides filing such undertaking, landlord will also furnish solvent surety for commensurate amount. 8. Application is disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)