NAGPUR BENCH, NAGPUR v. Dr. Ramkrishna Narayan Gandhewar) & Anr.

Heard the learned Counsel for the respective parties. By the consent of the parties, the petition is heard finally at the stage of admission. By the present petition, the petitioner is challenging the order passed by the learned District Judge-6, Nagpur, dated 14/06/2012, on the application for stay. The facts in brief can be summarized as follows : The petitioner, who is a tenant, faces R.C.S. No. 177/2008 for recovery of possession, rent, corporation taxes and notice charges under the provisions of the Maharashtra Rent Control Act, 1999. The suit was decreed with costs by judgment and order passed by the learned Additional Judge, Small Causes 2 wp.3339.12 Court, Nagpur, dated 14/02/2012. Being aggrieved by the said judgment and order, the petitioner preferred R.C.A. No.636/2012 before the learned District Judge, Nagpur along with an application under Order 41 Rule 5 of the Code of Civil Procedure for grant of stay to the operation and execution of judgment and order passed by the learned Additional Judge, Small Causes Court, Nagpur in R.C.S. No.177/2008.

The respondents opposed the application for grant of stay. The learned District Judge-6, Nagpur, on considering the submissions of the learned Counsel appearing for the parties, allowed the application [Exh.5] for stay on certain conditions. This petition is only in respect of conditions imposed upon by the learned District Judge, while granting the stay application. The petitioner is aggrieved of the conditions viz. Condition Nos.3 and 4, which read thus :

3] The appellant shall clear the arrears of rent on agreed rate, till the date of decision. 4] The appellant shall pay Rs.10,000/- per month towards compensation for occupation of the tenanted premises apart from rent Rs.3,260/- to the furniture and fixture from the date of decree.

Learned Counsel Mr. Bhandarkar for the petitioner, by placing heavy reliance on the judgment of the Apex Court in the case of M/s. Atma Ram Properties (P) Ltd. vs.

M/s. Federal 3 wp.3339.12 Motors Pvt. Ltd. reported in (2004) 10 Scale 345 = (2005) 1 SCC 705, submits that the learned District Judge put the petitioner on exorbitant conditions and compliance of such conditions is practically impossible for the petitioner due to financial constrains. Per contra, learned Counsel Mr. Sharma for respondent no.1, by submitting that the learned District Judge has considered the factual aspect of the matter, supports the order and conditions imposed upon the petitioner. On hearing the learned Counsel for the parties as well as going through the judgment of the Apex Court, on which heavy reliance is placed by the learned Counsel Mr. Bhandarkar, I am of the opinion that the learned District Judge, while considering the location of the property, which is situated in the heart of the city i.e. in the area of Dhantoli, Nagpur, as well as the valuation report and index of ready reckoner, which were placed on record, arrived at a conclusion that the property is capable of fetching handsome amount towards rent.

The learned District Judge further observed that the decree, which is in favour of the landlord, appears that the petitioner-tenant is in arrears of rent. It is further observed by the learned District Judge that the premises were given on rent @ Rs.4,000/- per month and Rs. 3,260/- towards furniture and fixture. Though the 4 wp.3339.12 landlord/respondent claims the rate of rent @ Rs.40,000/- per month, the learned District Judge, by applying a reasonable approach, directed the petitioner to pay rent @ Rs.10,000/- per month towards compensation for occupation of the tenanted premises apart from rent was Rs.3,260/- towards furniture and fixture. Accepting the ground that the petitioner is facing financial hardship, there is nothing on record to show that how the conclusion arrived at by the learned District Judge in respect of the amount of rent is erroneous or there is no any contra material to take different view than the view taken by the learned District Judge.

In my opinion, the learned District Judge has arrived at a proper conclusion on considering the valuation of the property and other necessary material on record viz. the valuation report and the index of ready reckoner. Even considering the judgment of the Apex Court, on which heavy reliance is placed by learned Counsel Mr. Bhandarkar, I see no reason to take any other view than the view taken by the learned District Judge. At this stage, learned Counsel Mr. Bhandarkar submits that a reasonable period may kindly be granted to the petitioner to clear the arrears of rent as directed by the learned District Judge. Though learned Counsel Mr. Sharma strongly 5 wp.3339.12 opposes for the prayer for extension of period to pay arrears of rent, in my opinion, there is considerable merits in the submission of the learned Counsel Mr. Bhandarkar in view of the fact that the petition is a sole earner and engage in occupation of running a Beauty Parlour and, therefore, she would require some time to clear the arrears.

Considering the submission of learned Counsel Mr. Bhandarkar for grant of period to clear the arrears, I find considerable merits in it and permit the petitioner to clear the arrears of rent as directed by the learned District Judge by condition no.3, within a period of six weeks from today. I see no reason to show any indulgence in other part of the order passed by the learned District Judge impugned in the present petition. The petition, being devoid of merits, is dismissed with no order as to costs. *sdw*sdw JUDGE