National Terylene Centre. Through Partner, Kantilal Rupchandaji Oswal v. Sriram Mandir Trust, Through President, Ramchandra Sadashiv Berde And ANR

Yadav VG 1 31.wp.7464.13.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 7464 OF 2013 WITH CIVIL APPLICATION NO. 961 OF 2015 National Terylene Centre .... Petitioner

Versus

Sriram Mandir Trust & Anr. .... Respondents Amogh Karandikar I/b. Khandeparkar & Associates for Petitioner/Applicant.

Rakesh Bhatkar for Respondents.

CORAM : N. M. Jamdar J.

Tuesday 20 December 2016 P.C.

.

The Petitioner has challenged the orders passed by the learned Civil Judge Junior Division, Ratnagiri dated 30 July 2011 and the learned District Judge, Ratnagiri dated 28 March 2013, fixing the standard rent of the suit premises at Rs. 5000/-. The suit premises are a commercial shop admeasuring 500 Square Feet. It is in the main market of Ratnagiri city.

Yadav VG 2 31.wp.7464.13.odt. 2.

The learned Counsel for Petitioner submitted that the amount is fixed without any basis. The scope of interference under Article 227 of Constitution of India in concurrent finding fixing of standard rent of the suit premises is extremely limited. Once it is an admitted position that the premises has been used for commercial purpose and are in the heart of the city, I do not find that there is any perversity in fixing the standard rent at Rs. 5000/- per month which is in tune with the devaluation of Rupee over a period of time and keeping in mind the market realties. No interference is warranted in the writ jurisdiction. The Writ Petition is accordingly rejected. The Civil Application is disposed of. (N. M. Jamdar, J.)