kbp 1 8072-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8072 OF 2009 Lalchand Jamna Jagannath Gupta and ors. ..Petitioners Vs. Abdul Rahim B. Attar and ors. ..Respondents ......... Mr.K.A.Chotnani, for petitioners. ......... CORAM : A.S.OKA, J.. DATE : 23 rd SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioners. 2] The petitioners are the tenants and respondents are the landlords of the suit property. The decree for possession was passed against the petitioners. An appeal was preferred by the petitioners for challenging the said decree. By the impugned order, while granting stay, the appellate court has imposed a condition of the petitioner depositing compensation at the rate of Rs.18,000/- from the date of the decree till the appeal is decided. The learned counsel appearing for the petitioners submitted that the decree is completely erroneous, and therefore, the petitioners cannot be penalised by compelling them to pay compensation at the rate of Rs.18,000/- per month. He submitted that the the contractual rent was only Rs.1,252/- per month, and therefore, the amount of Rs.18,000/- fixed by the appellate court is unreasonable and unjust. 3] The decree for possession has been passed in respect of shop premises on the ground floor of building “Shireen Mansion”, situated at the junction of 56/64 Nausher Bharucha Marg and 1/9 Shankar Shet Lane, Opposite Grant kbp 2 8072-09.sxw Road Railway Station (West), Mumbai 400 007. The area of the shop premises is 250 sq. feet with a loft having equal area. What has been observed by the appellate Court on the basis of opinion of Dr.Roshan H. Namavati, a Surveyor is that the rent of the suit shop at the market rate is Rs.41,000/- per month. The appellate court has noted that the suit shop is situated in the heart of the city. The valuer has noted that suit shop is situated in ward No.D, with shopping line on Naushir Bharucha Marg. Against the opinion of the expert which records that the market rate of rent is Rs.41,000/- per month, the appellate court has fixed compensation amount at the rate of Rs.18,000/- per month. The view taken by the appellate court is in terms of latest judgment of the Apex Court in the case of Super Max International Pvt. Ltd. The amount of compensation fixed by the appellate court is certainly reasonable considering the prime location of the suit shop in the city of Mumbai. Hence, no interference is called for in a Writ Petition under Article 227 of the Constitution of India. 4] Writ Petition is rejected. Hearing of the Appeal is expedited. Time to deposit the arrears payable upto 31 st August, 2009, is extended till 30 th November, 2009. ( A.S.OKA, J. )