Sudhir Agarwal, J. - (1.) The petitioners have instituted SCC Suit No. 01 of 2010 for ejectment of defendant-tenant on the ground of default in payment of rent and for recovery of arrears of rent and mesne profits. During pendency of above suit petitioners-plaintiffs appear to have filed an application seeking enhancement of rent which has been rejected by courts below by means of impugned order dated 17.10.2013 on the ground that there is no such provision vesting jurisdiction upon Trial Court to enhance rent in a small cause suit.
(2.) Before this Court, despite repeated query, learned counsel for the petitioners could not show any provision under which such relief could have been granted by Trial Court.
(3.) Reliance is placed on an Apex Court's decision in Mohammad Ahmad & another v. Atma Ram Chauhan and others, AIR 2011 SC (Civil) 1620 where the Apex Court has laid down certain guidelines and norms for litigation between landlord and tenant and the manner in which rent has to be determined by Rent Control Authorities. However, aforesaid judgment nowhere says that when in a suit the Trial Court does not possess any such power still it can pass such an order. Therefore, the aforesaid judgment does not help petitioners in any manner.;