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.2371 OF 2007 IN WRIT PETITION NO.1642 OF 2004 Shri M.K.Jagasia & Ors. ..Applicants. V/s. Shri Jagjit Singh Paul & Ors. ..Respondents. Mr.H.K.Vazirani for applicant. Mr.P.S.Dani for respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 30, 2008. DATE : JULY 30, 2008. DATE : JULY 30, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. Perused the pleadings and documents relied by the concerned parties. 2. This Application is founded on the exposition of the Apex Court in the case of M/s. Atma Ram M/s. Atma Ram M/s. Atma Ram Properties(P) Ltd. V/s. Federal Motors Private Ltd. Properties(P) Ltd. V/s. Federal Motors Private Ltd. Properties(P) Ltd. V/s. Federal Motors Private Ltd. reported in 2005(1) RCJ 23(SC) reported in 2005(1) RCJ 23(SC) reported in 2005(1) RCJ 23(SC). The Applicants are the landlord. The Respondents/tenants against whom decree of eviction has been passed by the lower Court and confirmed by the Appellate Court have filed Writ Petition challenging correctness thereof. The Writ Petition has been admitted on 20th July, 2004 and 2 Interim relief granted in favour of the Respondents/tenants, which is operating since then. The present Application however, has been filed by the landlord only on 22nd August, 2007 claiming that the landlord has become entitled for compensation in respect of the suit premises at the rate not less than Rs.7,000/- per month from the date of decree i.e. 20/21 October, 2000. In the first place, the claim of the landlord for recovery of compensation from October, 2000 will have to be turned down and confined to the date on which the Application has been filed before this Court. At the same time, it is made clear that after final decision is passed in the pending Writ Petition, the Applicants/landlord would be entitled to pursue such remedy against the Respondents/tenants, as may be advised, subject to order to be passed by this Court while finally disposing of the Writ Petition pending between the parties. In other words, I am inclined to consider request of the landlord for payment of compensation amount in respect of suit premises by the Respondents/ tenants to avail of the interim protection granted by this Court while admitting Writ Petition with effect from August, 2007 when the present Application has been filed and not for the anterior period. 3 3. The next question is: what is the quantum of amount to be determined towards compensation amount payable in respect of the suit premises. According to the landlord, the fair market compensation should not be less that Rs.7,000/- per month. The Respondents/tenants however have disputed the correctness of the said fact. In paragraph-8 of the Application, the Landlord asserts that the market value of the suit premises would be around Rs.70 Lakhs and on that basis, has computed the amount of Rs.7,000/- per month towards compensation in respect of the suit premises. This claim of the Applicants has been disputed by the Respondents/tenants. According to the Respondents/tenants, monthly compensation in respect of the suit premises would not fetch more than Rs.2000/-. The argument of the Respondents/tenants is that the said building is very old. It was constructed in or around 1960. No proper maintenance is provided to the said building. All these aspects are also relevant for considering quantum of compensation. The Respondents/tenants however, have not produced any material to substantiate their stand that the compensation amount in respect of the suit premises would not fetch more than Rs.2000/- per month. Even the 4 Applicants/landlord except the bare words in paragraph-8 of the Application have not produced any material to substantiate the stand that the value of the suit premises would be around Rs.70 Lakhs. Left with this situation, the appropriate course is to place reliance on the value of the similarly placed properties indicated in the Ready Reckoner of 2008 issued by the State Government. From the said Ready Reckoner, it would appear that the fair market price in respect of suit premises would be around Rs.56,500/- per sq.meter. The suit premises are admeasuring about 650 sq.ft. Applying the said ratio, fair market price of suit premises would be around Rs.37 Lakhs. That will have to be taken as the basis for fixing interim compensation amount payable by the Respondents during the pendency of the Writ Petition to avail of the interim order operating in his favour. Taking the said fair market value of the property as Rs.37 Lakhs and providing 10% interest per annum, the Applicants/landlord would fetch around Rs.3,70,000/- per annum. 4. Taking overall view of the matter therefore, it is ordered that the Respondents/tenants shall pay monthly compensation at the rate of Rs.3,100/- with effect from August, 2007. The Respondents/tenants 5 shall deposit arrears with effect from August, 2007 till passing of this Order within four weeks from today and continue to pay monthly compensation amount of Rs.3100/- to avail of the interim order on or before 10th of every English calender month directly to the Applicants/landlord, failing which the interim relief operating in favour of the Respondents/tenants passed in the pending Writ Petition No.1642 of 2004 shall stand vacated forthwith without further reference to the Court. That shall be the consequence even in case of any one default committed by the Respondents to comply with the above condition. Payment so made will be without prejudice to the rights and contentions of the parties. It is only an interim arrangement and not finally deciding mesne profit issue as such. 5. Needless to observe that in the event, tenants succeed in the pending Writ Petition and the decree of eviction is set aside, the Applicants/landlord shall be liable to bring back the entire amount recovered by him in terms of this Order alongwith the interest thereon at least at the rate of 10% per annum or such other rate of interest, as may be determined by the Court, while passing appropriate order in that behalf at the time of 6 passing final order. 6. Application disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)