Anand Byrareddy, J. - (1.) HEARD the learned counsel for the petitioner and the learned Government Advocate.
(2.) THE petitioner is before this on a limited ground. It is the claim of the petitioner that he is the landlord in respect of premises bearing No. 1845/1758 -1527 situated at Taluk Office Main Road, in Devanahalli town, Bangalore Rural District. It is a pucca structure located in a commercial area consisting of 11 squares of constructed area, totally measuring 2453 square feet. Respondent No. 5, namely, the Taluk Social Welfare Officer, had approached the petitioner in the year 1994 to take on lease the premises to house the office of the Taluk Level Social Welfare Office. On negotiation, the terms were reduced into a Deed of Agreement of Lease, whereby it was stipulated that the lease was for a period of 10 years commencing 25.5.1994 and it was agreed that the rate of rent would be subject to the fixation of the rent by the Public Works Department, Government (PWD) of Karnataka. Accordingly, the PWD had fixed the rent at Rs. 3,650/ - with effect from 16.7.1998. It then transpires that in the year 2006, the petitioner had approached respondent No. 5, to revise the rent from 2006 since they were paying the same amount of Rs. 3,650/ - from past eight years from the year 1998. The fifth respondent, in response, sought a valuation report from the Executive Engineer, PWD, Bengaluru for fixation of the revised rent from 2006. The Executive Engineer, PWD is said to have furnished a report fixing the rate of rent at Rs. 8,000/ - with effect from 6.9.2006 to 31.3.2010 and has certified that the rate of rent is in accordance with the prevailing rate of rent in the said area. The fifth respondent, after receiving the report, had negotiated further with the petitioner and the petitioner was persuaded to agree for reduction in the rate of rent by 6% per month. Pursuant to which, the rate of rent was fixed at Rs. 7,520/ -effective from February 2010 even though the recommendation of the PWD was from 6.9.2006. Respondent No. 3 having fixed the rent at the rate of Rs. 7,520/ - from 1st February 2010 though it ought to be from 6.9.2006 to 31.3.2010, the present petition is filed. The learned Government Pleader however, would seek to contend that the basis of the petitioner's claim is that the PWD had fixed the rate of rent, which was binding on the respondents and that the rent ought to be paid from the year 2006 up to 31.3.2010 and it was purely recommendatory and not binding on the respondents. The petitioner having agreed to receive the rent at Rs. 7,520/ - from February 2010 is estopped from claiming any alleged arrears of rent for the previous period namely, 6.9.2006 to 31.3.2010.
(3.) THIS contention of the Government Advocate on behalf of respondent No. 5 is wholly unfair. The agreement clearly specifies that the rate of rent would be as fixed by the PWD and that the rent fixed under the agreement was enhanced by the PWD, which is paid by respondent No. 5 to the petitioner. Therefore, it is inexplicable that the rent having been fixed for the period 6.9.2006 to 31.3.2010 and renegotiated, whereby the petitioner had agreed to have the same reduced by 6% and the same remaining unpaid, is wholly unfair. Therefore, the petition is summarily allowed. The respondent is directed to pay the difference of rent for the period from 6.9.2006 to 31.3.2010, which the PWD had fixed at Rs. 7,520/ - and the same shall be paid within a period of six weeks from today, if not earlier. It would then follow that insofar as the rent for the period commencing from 31.3.2010 up to the date the respondent vacated the premises, there should have been further revision of the rate of rent according to the PWD Rules. In that regard, there has been no response in spite of representations by the petitioner. Therefore, respondent No. 5 is directed to obtain the scheduled rates of rent from the PWD and pay the same for the period 1.4.2010 to the date of vacating the premises and this shall be done within a period of six weeks, failing which the amount payable shall accrue interest at the rate of 18% per annum from the date of default till the date of payment.;