R.S.A. No. 3894 of 2009(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 3894 of 2009 (O&M) Date of Decision: November 3, 2009 Municipal Council, Panipat …..Petitioner Vs. Bharat Kumar …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Sanjay S. Chauhan, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) For the reasons mentioned in the applications, the delay in filing and refilling the appeal is condoned. Applications stands disposed of. The controversy which was required to be determined by the Courts below in suit filed by the plaintiff- respondent for declaration was whether the rate of rent- use of occupation for Shop No.15, Palika Bazar, Panipat, was Rs.1010/- per month or Rs.1746/- per month as claimed by the defendant- appellant. The Civil Judge (Junior Division), Panipat, vide R.S.A. No. 3894 of 2009(O&M) [2] judgment and decree dated May 7, 2008 has safeguarded the rights of the defendant- appellant to implement any circular- notification of the Government in regard to enhancement of rent by adopting proper procedure of law and after hearing the plaintiff- respondent. It has specifically been held that enhanced rent could be recovered for a period of three years preceding the date of judgment with future effect also. The said order of the trial Court has been upheld by the lower Appellate Court. In view of the rights of the Municipal Council to enhance the rent and to recover the same with retrospective effect in accordance with law have been safeguarded, I do not find any substantial question of law to be adjudicated upon. It is always open to the defendant- appellant Municipal Council to recover the arrears of unpaid money for use and occupation/ rent and to enhance and recover the enhanced amount of rent as per procedure of law. Disposed of. November 3, 2009 (M.M.S.BEDI) sanjay JUDGE