ca423-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 423 OF 2011 IN CIVIL REVISION APPLICATION NO. 1077 OF 2010 Abdul Munaf Hakim ... Applicant. V/s. Gulam Rasool Garib & Anr. ... Respondents. --- Mr. D.S. Sawant i/by A.N. Khatri & Co. for the Applicant.. Ms. Kavita Shah for Respondents. --- CORAM:- GIRISH GODBOLE, J. DATED :- 19th SEPTEMBER, 2011. P.C. : 1 On 20th August, 2011 following order was passed in the Civil Application : “1. Heard Mr. Sawant, Advocate for Applicant and Ms. Shah, Advocate for Respondents. 2. The decree passed by the Trial Court on the ground of default for a period of one month for the month of June, 1992 has been confirmed by the Appellate Court though the findings on the question of unlawful additions and alterations has been reversed. The question whether the demand notice was a valid notice of demand since it ca423-11.sxw 2 has made excessive demand even in respect of the period when rent was received as found by the Courts below and was therefore, malafide demand notice deserves consideration. Hence Rule. Ms. Shah, learned Advocate for the Respondents waives service of notice. 3. Rule on Interim Relief returnable after 3 weeks. Ms.Shah waives service of notice on behalf of Respondents. 4. There will be ad-interim relief in terms of prayer clause (d) subject to the following conditions : (a) Within a period of 6 weeks from today, the Applicant shall deposit in the Small Causes Court the arrears of rent, if any from June, 1992 till end of August, 2011 after excluding the amounts already deposited, on or before 30/9/2011. (b) The Applicant shall continue to deposit rent at the rate of Rs. 24/- per month from September, 2011 till the disposal of this Revision Application regularly in the Small Causes Court on or before 10th of every month. (c) Pending consideration of the question regarding fixation of market rent following the ratio in the case of Atmaram v/s. State of Maharashtra, the Applicant shall deposit a sum of Rs. 1250/- per month with effect from the date of the Judgment of the trial Court namely 20/4/2004 till 31/8/2011. The entire arrears to be deposited in 12 equal monthly installments commencing from September, 2011 in this court. The amount so deposited shall be invested in a fixed deposit in Nationalised Bank earning maximum interest and Registrar Judicial is directed to invest any part of the amount, as and when it is deposited, in a nationalised bank earning maximum interest and the deposits shall be reinvested from time to time until further orders. 5. Rule on interim relief made returnable on 12/9/2011.”. ca423-11.sxw 3 2 I have heard the respective Advocates. Considering the area of the suit premises, the locality and nature of its use, in my opinion, there is no need to modify the quantum of Rs. 1250/- per month which was directed to be paid till 31st August, 2011 nor there is any need to modify directions regarding deposit of the arrears in 12 equal monthly instalments or deposit of the amount in a Nationalized Bank. However, for the period commencing from first September, 2011, the Applicant shall deposit a sum of Rs. 1,500/- towards interim compensation. The earlier order regarding investment shall apply even in respect of the said amount. The deposit for the month of September, 2011 can be made till 15th October, 2011 and for the subsequent months started from October, 2011 the deposit shall be made on or before 15th day of each month. 3 Liberty granted to both the parties to apply for enhancement / reduction in the figure after two years. Civil Application is disposed of. [GIRISH GODBOLE, J.]