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.2400 OF 2008 IN WRIT PETITION NO.5462 OF 2001 WITH WRIT PETITION NO.6522 OF 2002 Shri Vishnu Kisan Lahane. ..Applicant. V/s. Smt.Yashodabai Trimbak Patil. ..Respondent. Mr.P.S.Dani for Applicant. Mr.Prashant Bhavake i/b. N.V.Bandiwadekar for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 5, 2009. DATE : JANUARY 5, 2009. DATE : JANUARY 5, 2009. P.C. : P.C. : P.C. : 1. The Respondent has tendered reply affidavit in Court, which is taken on record. 2. By this Application, the Applicant landlord seeks direction against the Respondent-tenant interalia to deposit the outstanding standard rent in relation to the suit premises amounting to Rs.6,840/- for the period between 1st June, 1992 till 30th September, 2008 alongwith interest. In addition, the Applicant landlord prays that the monthly compensation in respect of suit premises be 2 determined atleast at Rs.1000/- p.m. towards interim compensation/interim mesne profit to be paid from 28th March, 2002 to the Applicant/ landlord by the Respondent/Tenant. It is not in dispute that the decree of eviction has been passed against the Respondent/tenant on the ground of default. The premises in question are admeasuring around 120 sq.ft (12 sq.mtrs.). The standard rent in relation to the suit property is stated to be Rs.40/- per month. The fact that the Respondent/tenant has failed to pay the standard rent amount from 1st June, 1992 till 30th September, 2008 is not in dispute. Reply affidavit tendered by the Respondent/tenant at best indicates that the tenant has already paid sum of Rs.3000/- on 29th August, 2002 and further sum of Rs.4,000/- on 19th November, 2008. Even assuming that the Respondent/tenant has already paid the said amount of Rs.3,000/- and further amount of Rs.4,000/-, the fact remains that the monthly standard rent in respect of suit premises is Rs.40/- which is outstanding from 1st June, 1992. Even if adjustment of deposit, already made is to be given, the Respondent can be said to have paid monthly standard rent, which would cover rent till January, 2009. In that sense, no relief can be granted in terms of prayer clause (a). At the same time, it is made clear that this is not 3 an expression of opinion, on the correctness of the stand taken by the Respondent/tenant as noted earlier. The question regarding liability of the Respondent to pay appropriate monthly rent or compensation in respect of suit premises will be addressed at the final hearing if required. 3. The next question is: for determining the interim compensation/interim mesne profit, the Applicant/- landlord prays that the same be fixed at the rate of Rs.1000/- from 28th March, 2002. In my opinion, the Applicant at best would be entitled for the relief of determination of interim compensation only from September, 2008 when the present Application came to be filed. In other words, the Applicant would be entitled for interim compensation as determined under this order for the month commencing from October, 2008, which amount would become payable on or before 7th November, 2008. 4. The question is whether the claim of the Applicant-landlord of fixing interim compensation at the rate of Rs.1000/- per month should be accepted as it is. That claim is supported by ready reckoner extract which indicates that prevailing market value of the property is around Rs.13,000/- p.sq.mtr. That 4 means value of the suit property could be around Rs.1,56,000/-. Keeping that value of the property in mind and assuming that the fair market returns for the property would be 10% of the value of the property, the annual returns would work out to Rs.15,600/-. That means the fair market returns in respect of the suit property would be around Rs.1300/- per month. Having regard to the fact that the suit property is only admeasuring 120 sq.ft., it is fair to assume that the Respondent/tenant has limited source of income. The Respondent in the reply affidavit has not disclosed any material as to her source of income. Assuming that the Respondent/tenant has limited source of income, the fair return in respect of suit property should be around Rs.1300/- per month. In the interest of justice, however, I am of the view that the Respondent/tenant should pay atleast sum of Rs.400/- per month towards interim compensation in respect of the suit premises. That arrangement should continue till the disposal of the Writ Petition. This opinion however, is without prejudice to the rights and contentions of both the parties including right of the Applicant-landlord to claim mesne profit at higher rate after decree of eviction is confirmed by this Court. 5 5. Accordingly, this Application is allowed to the limited extent, as referred to above. In other words, the Respondent shall be liable to pay interim compensation/interim mesne profit to the Applicant landlord with effect from 1st October, 2008 at the specified rate. The Respondent tenant shall pay rent for the successive English Calender months at the stated rate on or before 7th of every English calender month. In case of any two defaults, interim relief granted by this Court at the instance of the Respondent tenant shall stand vacated forthwith without further reference to the Court. Ordered accordingly. 6. Since the Applicant is a senior citizen, hearing of the Writ Petitions is expedited, to be listed under caption "Senior Citizen" as per its turn. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)