When can we say fixed by the court ? if appeal pending … (its sub-judice) at hc level - compromised
Struggling Landlord
(Querist) 20 January 2015
This query is : Resolved
Sir.
When can we say FIXED by the court ? if appeal pending … (its Sub-judice) and at HC level - compromised on HC direction …but HC didn’t endorsed/FIXED..So can we say FIXED by court?
As per MhRent Control 1999…
Sec 7(14) "standard rent', in relation to any premises means,-
(a) where the standard rent is fixed by the Court, the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 such rent plus an increase of 5 per cent, in the rent so fixed; or
(b) where the standard rent or fair rent is not so fixed, then subject to the provisions of sections 6 and 8,
(i) the rent at which the premises were let on the 1st day of October 1987; or
(ii) where the premises were not let on the 1st day of October 1987, the rent at which they were last let before that day, plus an increase of 5 per cent, in the rent of the premises let before the 1st day of October, 1987, or
(c) in any of the case specified in section 8, the rent fixed by the court;
In my case I have filed FR case in 1986 (on 6 tenants)… Demanded Rs 4/- per sq ft per month which was ordered in my favour in 1998 (12 yrs) from date of file (1986)…
Then challenged in appeallate.. again ordered in my favour (after 3 yrs ie 2001)
thereafter WP filed by tenants … at this stage HC warns/suggested to compromise…
So can we say Rs4/- per sq ft per month is decided by the court ? or is still pending…
(since whenever after 1998 I filed case for recovery of rent @Rs 4/- all Judge stayed my application saying matter pending in appeallate)
Now since it is compromised then can I say it is decided by the court ?
Your advice is very much valuable …. If you say decided then as per Sec 7 … It will be great injustice to me since I will get very meager rent in 2015… it will be 4/-+5% (in 1999 when act came in force) + 4% every year which comes to 9/- rs approx… (whereas in vicinity in same building I have given on Leave & License in 2007,08….09 @ Rs 90-120 per sq ft per month)
I have approached 3-4 local (senior advocates) in my region… (But from their knowledge ..after asking my thorough in depth querry…(with citations…it seems they are confused didn’t convinced me)…. Then I finally relied on SC 2011 Judgment (Guidelines by SC for deciding FR…to minimize landlord-tenants litigations at all levels)
then 2 (HC Adv) says this citation is derived from different act.. (Hariyana so it is not applicable) where as 2 (HC Adv ) says its derived from Eviction case hence it is not applicable…..
Excerpts from SC Judg (Guide Lines for settling FR case says)
“21. According to our considered view majority of these cases are filed because landlords do not get reasonable rent akin to market rent, then on one ground or the other litigation is initiated. So before saying omega, we deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimise landlord-tenant litigation at all levels.
These are as follows:-
(i) The tenant must enhance the rent according to the terms of the agreement or at least by ten percent, after every three years and enhanced rent should then be made payable to the landlord. If the rent is too low (in comparison to market rent), having been fixed almost 20 to 25 years back then the present market rate should be worked out either on the basis of valuation report or reliable estimates of building rentals in the surrounding areas, let out on rent recently.
…………………….” Attached Judgment
Now finally my querry is pending before very senior SC retired lawyer…(He asked me to wait) but before that I am sharing on this wonderfull site.
Thanks in advance
Struggling Landlord
(Querist) 23 January 2015
Thanks.. My querry is As per State Law : Standard Rent means A. rent fixed by court under repealed act.. +5% (from 1999 new act)+ 4% every year... then B. Else The court will decide under this act.
Now in my case We have filed 1986 for fair rent (under old act) which was challenged in appeal, then in HC... finally compromised (Can we say rent is fixed by court?) As per my view I think its not fixed (since every where it was subjudice).... So now I can demand to fix under new rent act.....Please advice..
Biswanath Roy
(Expert) 23 January 2015
Quantum of Rent determined and accepted by both of the litigants privately, mutually, amicably out of court cannot be said as rent fixed by the court, this may be taken up as temporarily accepted rent for the period of pending Appeal. But a crucial legal question arises whether such determination of rent made and agreed upon mutually between the litigants and acceptance thereto can be taken up as interference with due course of justice or not and whether grievance under the appeal can be said as subsisting?
T. Kalaiselvan, Advocate
(Expert) 22 January 2015
