Chhaganlal Shyamji Patel Decd Through Lhr v. Pratap Shing Chabildas Patel And ORS
osk 74-wp-10401-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10401 OF 2019 Chhaganlal Shyamji Patel (Since deceased) Through LRs. & Ors.
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Petitioners V/s.
Pratap Sing Chabildas Patel & Ors.
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Respondents ----- Mr.Sean Wassoodew for Petitioner.
Mr.Ramdas Hake-Patil i/b. Ms.Pratibha Shelake for Respondent Nos.1 and 2. CORAM : A.S. GADKARI, J.
DATE : 7th February 2020.
P.C. :
1] By the present Petition under Article 227 of the Constitution of India, the petitioners have impugned Clause Nos.3 and 4 of the impugned Order dated 31st July 2019 passed by the Appellate Bench of Small Causes Court, Mumbai, below Exhibit-6 in Appeal No. 37 of 2018, directing the petitioners to deposit compensation towards the suit premises @ of Rs.5,000/- per month with effect from 12th February 2018 till disposal of the appeal. The petitioners have preferred Appeal No. 37 of 2018 against the Judgment and Decree dated 12th February 2018 passed in RAE & R Suit No. 295 of 1994. 2] It is the contention of the learned counsel for the petitioners that, the suit premises is approximately ad-measures 175 sq.ft. and the interim compensation fixed by the Appellate Court @ Rs.5,000/- per month is 1/2
osk 74-wp-10401-2019.odt excessive. In view of the arguments advanced by the learned counsel for the petitioners, this Court by its Order dated 21st November 2019 permitted the petitioners to produce on record Government Valuer' s Report indicating the present approximate rent which the suit premises would fetch in market. The petitioners have accordingly filed an Affidavit dated 25th January 2019 along with a Government Valuer's Report dated 17th December 2019. In the said report dated 17th December 2019, the Valuer has stated that, the fair rent per month of the suit premises would be approximately Rs.2,100/-. The respondent-landlord has not produced any report to counter the said contention of the petitioners. In view thereof, the Government Valuer' s Report dated 17th December 2019 produced by the petitioners is accepted.
3] The petitioners are directed to pay a sum of Rs.2,100/- per month towards interim compensation during the pendency of Appeal No. 37 of 2018. The arrears from 12th February 2018 upto December 2019 be deposited in the Registry of the Trial Court within a period of three months from today. It is needless to mention that, the petitioners shall continue to pay the said interim compensation till disposal of the appeal. Para Nos.3 and 4 of the impugned Order dated 31st July 2019 are accordingly modified. 4] Petition is allowed in the aforesaid terms.
[A.S. GADKARI, J.] by Omkar S.
Kumbhakarn Date:
2020.02.13 10:29:17 +0530 2/2 Omkar S.
Kumbhakarn