Mr. Rajkumar Anant Chaurasia v. Mr. Pandurang Dadu Dhere

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2267 OF 2023 IN CIVIL REVISION APPLICATION NO. 117 OF 2020 Rajkumar Anant Chaurasia ....Applicant

Versus

Pandurang Dadu Dhere ....Respondent Mr. Ashutosh R. Gole, Advocate for the Applicant. Mr. Kirankumar Phakade, Advocate for the Respondent. CORAM : SHIVKUMAR DIGE, J.

DATE : 19th APRIL, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned counsel for the respondents.

2.

Learned counsel for the applicant submits that monthly compensation of the suit premises is more than Rs.8,000/-. Since the year 2019, the respondent has not paid the monthly compensation, hence, direction be given to the respondents to pay monthly compensation @ Rs.8500/- per month.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.04.24 18:00:46 +0530 SHUBHADA SHANKAR KADAM 1/3

3.

Learned counsel for the respondent submit that the applicant has given his own flat on rent in the same building and he is taking rent of Rs.5,000/- per month. The monthly compensation of the suit premises is not more than Rs.6000/-. Hence, respondent is not liable to pay compensation @ Rs.8000/- per month. 4.

I have heard both learned counsel. The applicant is stating monthly compensation of suit premises is more than Rs.8000/- per month. Whereas, it is contention of learned counsel for respondents that it is not more than Rs.6,000/- per month. Hence, I am considering monthly compensation of the suit premises @ Rs.6,000/- per month. The arrears at the rate of Rs.6000/- per month from the year 2019 would come to Rs.2,64,000/- till date. If the rent amount deposited by the respondent is deducted from this amount, the arrears up to April 2023 would come to Rs.2,58,000/-. 5.

In view of above, I pass the following order:

O R D E R

1. The application is allowed.

2. The respondent shall pay arrears of an amount of 2/3

Rs.2,58,000/- within ten weeks from today to the applicant and the respondent shall pay monthly compensation of Rs.6000/- per month regularly before 10th day of every month.

The application stands disposed of.

(SHIVKUMAR DIGE, J.) 3/3