- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THE petitioners are tenants of the disputed portion of house No. 1362 situate at Shahganj Darwaja, District Mathura which consists of two rooms and open land on monthly rent of Rs. 2. 08 paise. The Counsel for the respondent-landlord submits that the rent of the disputed accommodation is too low in the present scenario. He also submits that the petitioner-tenants have made material alterations in the tenanted portion by adding two kotharis in the tenanted accommodation and have sub-let part of the said accommodation for sale and purchase of wooden loces 'taal', thus changing the nature and are part of the accommodation in commercial nature. In the circumstances, he prays that the rent of the disputed accommodation may be increased reasonably according to the market rate. The Counsel for the petitioner submits that the case for enhancement of rent may be considered by the Court according to the condition, location and situation etc. of the disputed accommodation keeping in view the poor economic condition of the petitioner. He further submits that in case the petitioners are evicted from the disputed accommodation they will suffer irreparable loss and injury.
(3.) THE inadequate rent of Rs. 2. 08 paise per month in respect of the aforesaid disputed accommodation in question to be the root cause of this prolonged litigation in respect of the accommodation in dispute. A pragmatic approach has to be taken considering the area location and rate of rent prevailing in the locality etc. With the passage of time value of house rent has increased and as such it has to be proportionately increased in addition to notional increase of 10% in rent every 5 years as provided under Act No. XIII of 1972. It is wholly unjust that a tenant not only makes material changes by adding two kotharis in the tenanted accommodation but also sublets the land appurtenant to the building for commercial venture, earning handsome amount, but only pay Rs. 2. 08 paise to the landlord. By this he deprives the landlord of the fruits of the property by unduly enreaching himself in it and keeping the landlord deprived of the profits of his investment in the accommodation. There are one of many evils of low rent which should be enhanced to at least the market rent of the area.;