Lsp 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 CIVIL APPLICATION NO. 569 of 2008 IN WRIT PETITION NO.8767 of 2004 Yashodadevi Ratanlal Dhoot (decd.) by LRs-Shyamsundar Ratanlal Dhoot & ors. ...Applicants v/s. M. Venugopal & anr. ...Respondents Mr.S.G.Deshmukh for the applicants. V.S.Kapse the respondents. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 25TH FEBRUARY, 2009 : 25TH FEBRUARY, 2009 : 25TH FEBRUARY, 2009 P.C. . Heard Counsel for the parties. 2. By this application landlord prays that the tenant be directed to pay interim compensation at the rate of Rs. 12000/- per month for the use and occupation of the suit premises w.e.f. 16th October, 2004 on which date the decree of eviction was passed against the tenant. With a view to substantiate the claim of Rs.12000/- per month, the landlord relies on the Fair Market Value in respect of premises in the same locality as per the Ready Reckoner which works out to about Rs.4,900/- per sq. feet. It is not in dispute that the suit premises admeasures 660 sq. feet carpet area. Considering the returns at the rate of 10% per annum on the Fair Market Value of the flat in question, the monthly outgoings would be nothing less than 26,950/-. Nevertheless, the 2 landlord has restricted his claim in the sum of Rs. 12000/- per month towards interim compensation. 3. The tenant has denied the valuation done by the landlord on the basis of Ready Reckoner, however, has not produced any material to refute the claim of the landlord. The landlord’s claim is based on Ready Reckoner which is an official document and will have to be accepted. The tenant in her reply affidavit concedes that the Society outgoings in respect of suit premises is Rs. 1172/-. The tenant in Paragraph 6 of the reply affidavit has asserted that she has no source of income or investment on hand, however, has conceded that she is being looked after by her two sons who are staying abroad. In other words, it is not a case where the tenant will not be in a position to pay the interim monthly compensation in respect of suit premises in the use and occupation thereof. In my opinion, therefore, the amount claimed by the landlord towards interim compensation at the rate of Rs.12000/- per month is quite reasonable and will have to be granted. Accordingly, the application should succeed. 4. However, the next question is whether the landlord is entitled to claim interim monthly compensation in respect of suit premises w.e.f. 16th October, 2004. That request will have to be turned down and the claim 3 will have to be restricted from the date of filing of the application which is in February, 2008. The tenant, therefore, shall deposit in this Court all the outstanding dues w.e.f. February 2008 at the rate of Rs. 12000/- per month within four weeks from today failing which interim protection available to the tenant granted by this Court shall stand vacated forthwith without further reference to the Court. Besides, paying the arrears as aforesaid, the tenant shall regularly deposit interim monthly compensation in respect of the suit premises in this Court on or before 10th of every English calender month failing which the interim protection given to the tenant by this Court shall stand vacated, even in case of one default committed by the tenant. 5. The amount towards arrears be deposited in this Court within four weeks as aforesaid which will be made over to the landlord on furnishing solvent surety for the like amount and furnishing an undertaking to the effect that in the event the Writ Petition succeeds and the Court directs the landlord to refund the excess interim monthly compensation, then that amount will be returned with interest which will be not less than 12% per annum. Even the monthly interim compensation to be deposited by the tenant in this Court from time to time be made over to the landlord on furnishing solvent 4 surety and general undertaking as aforesaid be filed for all future withdrawals to be made by the landlord. 6. The application is disposed of on the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]