 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 3830/2008 Mohanlal Madanlalji Saboo and others ..vs.. Mansukhlal Talakchand Gaglani and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr.N.R.Saboo, Advocate h/f Mr.A.K.Somani, Advocate for petitiones. Mr. J. J. Chandurkar, Advocate for respondents no. 1 to 5. Mr. Y. B. Mandpe, A.G.P. for respondent no.6. CORAM: J. H. BHATIA, J. DATED : 18 th FEBRUARY, 2009 1. Heard Mr. Saboo, learned counsel for the petitioners, who are original tenants and Mr. Chandurkar, learned counsel for respondent nos. 1 to 5, who are original landlords. 2. After some discussion at Bar and after obtaining telephonic instructions from their respective clients, learned counsel for the parties agree that the impugned orders may be modified and this petition may be disposed of with following directions:- (a) The fair rent of the suit shop Nos. 9 and 13 would be at the rate of Rs. 3.50/- per square feet from 04.11.1996, that is from the date of application filed by the landlords  before the Rent Controller for fixation of fair rent, till the end of April-2006 as the Rent Controller had passed the order on 29.04.2006 and from 01.05.2006 onwards the fair rent shall be at the rate of Rs. 5/- per square feet. (b) The tenants shall pay the Municipal Taxes, etc. as per original agreement. (c) The order passed by the Rent Controller as well as impugned order passed by the Additional Collector shall stand modified accordingly. (d) All the arrears of rent, on the basis of this order, shall be paid to the landlords by cheque or demand draft within a period of three months from this date. In case, the petitioners-tenants fail to make payments within the stipulated period, the balance amount shall carry interest at the rate of 12% per annum. Writ petition stands disposed of accordingly. JUDGE kahale