Bombay High CourtCAW/2270/2014dispossed offdismiss for default

Sheshrao Jalamsingh Ingle (Dead) Smt. Sushila Wd/O Sheshrao Jalamsingh Ingle And 2 Others v. Smt Banarsidevi Radheshyam Singhaniya, And 6 Others

2015-02-27Hon'Ble Shri Justice Ravi K. Deshpande2 pages

1 wp3498.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.W. NO.2270/2015 IN WRIT PETITION 3498/2014 Shri Hiralal ..Versus..

Shri Tarkeshwar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 29.1.2016 Heard Shri N.H. Shams, advocate for the respondent/landlord and Shri D.G. Paunikar, advocate for the petitioner/tenant.

The landlord has filed this application seeking direction to the petitioner to deposit the occupation charges at the rate of Rs.5,000/- per month w.e.f. 1st January, 2014 till the decision of this petition.

The learned advocate for the petitioner has opposed the claim of the landlord.

Considering the averments made in paragraph no.3 of

2 wp3498.14 the civil application that the trial Court had directed the petitioner/tenant to pay standard rent of Rs.2,000/- per month for adjacent premises by the order passed in M.J.C. No.88/2004 and the undisputed fact that the premises for which the petitioner was directed to pay standard rent of Rs.2,000/- per month is situated adjacent to the premises which are subject matter of present proceedings and the fact that the area of both the premises is also same, in my view, it would be appropriate to direct the petitioner to pay Rs.2,000/- per month towards occupation charges to the respondent/landlord w.e.f. 1st November, 2015 i.e. from the month after this application is filed till the decision of the petition.

If the petitioner commits any two successive defaults in paying the occupation charges to the respondent/landlord, the interim order granted by this Court on 14th July, 2015 shall stand vacated without reference to Court. The civil application is allowed in the above terms. No costs.

JUDGE Tambaskar.