cra532-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 532 OF 2011 Smt. Indira Shantaram Sawant ... Appellant. (Org.Def.No.2) V/s Shamkant Raghunath Malushte & Ors. ... Respondents. --- Mr. G.N. Salunke for the Appellant. Mr. S.M. Tendulkar for Respondent Nos. 1 & 2. --- CORAM:- G. S. GODBOLE, J. DATED :- 22nd SEPTEMBER, 2011. P.C. : 1. Heard Mr. Salunke for the Applicant and Mr. Tendulkar for the Respondent Nos. 1 and 2. 2 Pursuant to the earlier Orders dated 25.08.2011, 08.09.2011 and 15.09.2011, the parties had discussed possibility of an amicable settlement. For the reasons stated hereinafter, presence of Respondent No. 3 is not necessary. 3 Rule. Rule is made returnable forthwith. Service on Respondent No. cra532-11.sxw 2 3 is waived. By consent of the Advocates for the Applicant/Appellant and Respondent Nos. 1 and 2, the Civil Revision Application is taken up for hearing forthwith since the Appellant and Respondent Nos. 1 and 2 have amicably settled the entire dispute involved in the suit. 4 The Respondent Nos. 1 and 2 are admittedly Landlords, the Appellant is admittedly a tenant in respect of the suit premises which are the subject matter of this Revision Application and she was Defendant No. 2 in RCS No. 51/2005 filed by the Respondent Nos.1 and 2 in the Court of the learned Civil Judge, Sr. Dvn., Ratnagiri under section 16(1)(i) of the Maharashtra Rent Control Act, 1999. The Respondent No.3 was Defendant No.1 in the said suit as she was tenant in respect of the other premises of Respondent Nos. 1 and 2. Pending the suit, the Respondent Nos. 1 and 2, original Plaintiffs and Respondent No.3, orginal Defendant No.1 settled the dispute amongst them and filed compromise pursis at Exh. 38, which was read and recorded by the Trial Court on 08.01.2007. In this context, the dispute continued in between the Plaintiffs and Defendant Nos.1 and 2. 5 The learned 3rd Jt. Civil Judge, Jr. Dvn., Ratnagiri decreed the suit cra532-11.sxw 3 on 03.03.2008 and passed a Decree for eviction and also fixed the standard rent of the new premises to be given on rent of Rs. 1400.95 ps per month. Civil Appeal No. 33/2008 was filed by the Appellant and the Court Commissioner was appointed. He submitted the report and ultimately by the impugned Judgment and Order dated 07.05.2011, the learned District Judge-1, Ratnagiri allowed the Appeal and modified the Decree of the Trial Court and passed the following Decree. ORDER 1) The Appeal is allowed. 2) The order of the trial court is modified as follows:- i) The Appellant/ Defendant shall handover the vacant possession of the tenement to the Respondent/ landlord Plaintiff within 15 days from the date of this order. ii) The Respondent No.1 Plaintiff should complete the necessary construction or alterations within six months from the date of obtaining possession of the suit tenement from the Appellant-tenant and handover possession of the new tenement of area 32.60 sq/meters to the Appellant/tenant. iii) Parties to bear their own costs. iv Decree be drawn accordingly. (S.V.Ayarekar) Date: 07.05.2011 District Judge-1,Ratnagiri 7.52011.” Against this Decree, the present Revision Application has been filed. cra532-11.sxw 4 6 On instructions from Ms. Pooja Vinod Sawant, daughter-in-law and constituted attorney of the Petitioner who is present in the court and who has also verified the Petition and Mr. Vinod Sawant, son of the Petitioner who is also present in the Court; Mr. Salunke, Advocate, has agreed for disposal of the Civil Revision Application in terms of the Order which is proposed to be passed by consent ad indicated hereinafter. So also Mr. Tendulkar, Advocate for the Plaintiffs has stated that the Plaintiffs have authorized him to agree for disposing of the Civil Revision Application in terms of the order which is being passed by consent of the parties. The parties have agreed to modify the Decree of the Trial and Appellate Court only in so far as the Trial Court and the Appellate Court have fixed the standard rent at Rs.1400.95 ps per month in respect of the new premises. The Applicant has agreed to hand over possession as early as possible but in any case on or before 31st December, 2011 so as to enable the Respondents 1 and 2 to complete construction of the new building. The Plaintiffs/Respondents 1 and 2 have agreed to hand over possession of the new constructed premises to be allotted on tenancy basis to the Petitioner and hand over possession on or before 30th September, 2012. During the interregnum, the Plaintiffs have agreed to pay a sum of Rs. 1000/- per month to the Applicant/Tenant towards the charges for temporary cra532-11.sxw 5 alternate accommodation till the permanent alternate accommodation on tenancy basis is made available. The carpet area of new premises is agreed to be 32.60 sq.mtrs. and the standard rent for the the new premises to be allotted to Applicant -Tenant in a building to be constructed on the same plot being the new premises is agreed to be determined afresh by the competent Court at Ratnagiri after the new premises are handed over to the Applicants. 7 In view of the aforesaid consensus reached between the parties, the Revision Application is disposed of in terms of the following order. i The impugned Judgment and Order dated 03.03.2008 passed by the learned 3rd Civil Judge, J.D., Ratnagiri against the Applicant in R.C.S. No. 51 /2005 and the impugned Judgment and Order dated 7.5.2011 passed by the learned District Judge-1 Ratnagiri in Civil Appeal No. 33 of 2008 stand modified and substituted by the Decree and Order being passed in this Revision Application. Therefore, the Decree for possession of the suit premises is confirmed. ii The Applicant has agreed to hand over possession of the suit premises to the Respondents No. 1 and 2 as early as possible and in cra532-11.sxw 6 any case on or before 31st December, 2011 so as to enable the Respondents 1 and 2 to complete construction of the new building. iii The Plaintiffs/Respondents 1 and 2 have agreed to hand over possession of the new constructed premises to be allotted on tenancy basis to the Appellant and hand over possession on or before 30th September, 2012. During the interregnum, the Plaintiffs have agreed to pay a sum of Rs. 1000/- per month to the Applicant /Tenant towards the charges for temporary alternate accommodation till the permanent alternate accommodation on tenancy basis is made available. The carpet area of new premises is agreed to be 32.60 sq. meters and the standard rent for the new premises to be allotted to the Applicant/Tenant in a building to be constructed on the same plot being the new premises is agreed to be determined afresh by the competent Court at Ratnagiri after the new premises are handed over to the Applicant. iv Only for the propose of determination of the standard rent of the new suit premises, after the possession thereof is handed over to the Applicant, R.C.S. No.51/2005 shall survive and the suit will cra532-11.sxw 7 stand revived to that extent only. The Trial Court will thereafter determine the standard rent of the suit premises afresh in accordance with the statutory principles governing the fixation of the standard rent under the Maharashtra Rent Control Act, 1999 and other provisions of law after giving the parties liberty to lead oral and documentary evidence in that regard. All contentions of the parties in that regard are kept open to be agitated in the Trial Court. Without insisting for filing of a formal Application for fixation of the standard rent under section 8 of the Maharashtra Rent Control Act, 1999, the standard rent shall be fixed as section 8 empowers the Court to fix the standard rent even in the suit. v The Trial Court shall decide the standard rent without being influenced by the observations in the Judgment of the Trial Court and the Appellate Court in that regard which are hereby set aside by consent or any observations made in this order. It is clarified that the consent given for setting aside the order regarding fixation of the standard rent shall not be construed as a concession made by the Plaintiffs/Landlords and shall not be construed to mean that the standard rent to be fixed cannot be Rs.1400.95 or a lower or cra532-11.sxw 8 higher figure and all contentions in that regard are kept open. vi It is also clarified that since the Decree for possession is confirmed in terms of provisions of Section 16 (1)(i) of the Maharashtra Rent Control Act, 1999, undertaking given by the Landlords to complete the construction and hand over possession in terms of the statutory provisions stands accepted. vii Liberty to apply only in case of any difficulty. [G.S. GODBOLE, J.]