1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAW NO. 2044 OF 2009 IN WRIT PETITION NO. 5781 OF 2007 (Smt. Bismillah wd/o Sk. Shakoor & Ors. vs. Abdul Razzaque Abdul Qadar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 05, 2009. Heard Shri Purohit, learned counsel for the petitioners and Shri Sharma, learned counsel for the respondents. The prayer is to vacate interim orders or then in the alternative to direct writ petitioner to deposit monthly rent at some higher rate till the dispute between the parties is resolved. Reliance is being placed on four judgments i.e. Atma Ram Properties (P) Ltd. vs. Federal Motors (P) Ltd., reported at (2005) 1 SCC 705; Marjorie vs. Mumtaj, reported at 2009 (1) Mh.L.J. 972; Chandrakant vs. Sharmila, reported at 2009(2) Mh.L.J. 243 and S.M.I. Pvt. Ltd. vs. State of Maharashtra, reported at 2009(2) 134. The learned counsel for the respondents – landlords states Rs.4,459/- to be the just amount for the purpose. Shri Purohit, learned counsel, on the other hand, stated that the agreed rent of Rs.250/- up to August 2009 is already deposited and only rent up to 2 date has to be deposited and the same will be deposited shortly. The market value of the premises as disclosed in ready reckoner is about Rs.5,35,000/-. 5% thereof can, therefore, be safely presumed as annual rent. That 5% will work out to about Rs.27,000/- per year. As per said calculation, monthly rent will be about Rs.2,500/-. Hence, in these circumstances, during the pendency of appeal, the just compensation is worked out to be Rs. 1,500/- per month. Thus, the petitioners – tenants have to deposit an amount of Rs.1,250/- per month more from the date of judgment and decree of trial Court till date. Time till 31st March 2010 is granted to the petitioners to deposit the amount in arrears. The deposit of Rs.1,500/- per month shall be made from 1st January 2010 onwards regularly. The arrears till 31.12.2009 shall be cleared as mentioned above. Civil Application is accordingly allowed. Interim order is modified to that extent. JUDGE *GS.