Baburao vs Pokhardas(D) Tr.Lrs

4. Briefly stated, the appellant, claiming to be landlord in respect of suit premises being shop admeasuring east-west 12ft. and south-north 16ft. situated at Municipal house No.23/124/A, corresponding to City Survey No.9572 in Cloth Lane, Latur, instituted an eviction application against the respondent-tenant on the ground of arrears of rent and default within the meaning of Section 15 of the Hyderabad Houses (Rent, Eviction, and Lease) Control Act, 1954. It was the case of the appellant that the respondent-tenant had failed and neglected to pay rent between October, 1987 till March, 1988. In fact, the appellant had issued a notice to the respondent-tenant on 20th January, 1988 calling upon him to pay rent in respect of the suit premises. That notice was replied by the respondent- tenant on 22nd February, 1988, raising a dispute of ownership of the suit premises. The appellant then issued demand notice to the respondent-tenant on 17th March, 1988 calling upon him to pay the arrears of rent. No reply was received from the respondent-tenant. As a result, an eviction application was filed by the appellant. The Rent Controller held that the respondent-tenant had committed default and was liable to be evicted. Accordingly, an eviction order was passed by the Rent Controller on 11th April, 2005. Against that decision, the respondent-tenant preferred a statutory appeal before the District Judge at Latur being Rent Appeal No.5 of 2005. The District Court reversed the finding of fact recorded by the Rent Controller. The Appellate Court found that the respondent-tenant upon receipt of notice from the appellant immediately approached the Rent Controller and deposited the amount towards rent as prescribed by the Rent Controller. Further, the appellant admitted in his evidence of having withdrawn the amount deposited in Court by the respondent-tenant till Diwali 2003. On the factum of willful default by the respondent-tenant, the Appellate Court reversed the finding of the Rent Controller. As regards the factum of denial of title by the respondent-tenant, the Appellate Court held that the circumstances in which that plea was taken by the respondent- tenant was bonafide - considering the fact that the appellant landlord himself had admitted that the dispute regarding ownership of suit shop was the subject matter of the RCS No.1033 of 1983 filed by him before the Civil Court. Besides the appellant, one Vishwanath Tandale also claimed his ownership over the suit shop. He had filed an affidavit in the proceedings before the Rent Controller to which the appellant was a party. The District Court, accordingly, allowed the appeal preferred by the respondent- tenant and reversed the order passed by the Rent Controller. Consequently, the eviction application filed by the appellant was dismissed.

10. While parting, we may take notice of the stand taken by the respondent-tenant that the appellant is not genuinely interested in using the premises for his personal use; but more interested in getting higher rent from the new tenant. The respondent-tenant, therefore, volunteers through counsel that considering the fact that the suit shop is commercial premises and in his occupation for quite some time, he would be willing to pay some additional amount to the landlord towards monthly rent of the suit shop. As per the agreement, the rate of rent is Rs.400/- per month, which, the respondent is now willing to increase up to Rs.10,000/- per month. We place this offer given by the respondent on record and would dispose off the appeal on that basis.

11. Accordingly, even though we dismiss the appeal, we direct the respondents to pay a monthly rent in respect of the suit shop to the landlord at the rate of Rs.10,000/- per month w.e.f. 1st January, 2016. The additional rent amount for the period between 1st January, 2016 till 31st July 2016 be paid to the landlord within one month from the date of this order; and the respondents shall then continue to pay future rent at the rate of Rs.10,000/- per month before the fifth day of every English calendar month. Appeal is disposed of in the above terms. No order as to costs.

[2] (1998) 5 SCC 21