9911796707
TMI Blog2022 (10) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... . 58,650/- till September, 2011; @ Rs. 76,245/- for the period between October, 2011 to September, 2014; @ Rs. 87,681/- for the period between October 2014 to September, 2017; @ Rs. 1,00,833/- for the period between October, 2017 to September, 2020; @ Rs. 1,15,958/- for the period between October, 2020 to September, 2023 and to continue to pay the rent @ Rs. 1,15,958/- for the period October, 2023 onwards till the final disposal of the suit to be paid within six weeks from today. Appeal allowed. - CIVIL APPEAL NO. 7325 OF 2022 (@ SLP (C) NO. 23808 OF 2018) - - - Dated:- 17-10-2022 - M. R. SHAH And C.T. RAVIKUMAR , JJ. For the Appellant : Ms. Taruna Ardhendumauli Prasad , AOR For the Respondent : Ms. Rukhmini Bobde , Adv. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of the appellant - defendant - tenant. The learned Tribunal allowed the said application and struck off the defence of the appellant defendant tenant. The order passed by the Trial Court striking off the defence was the subject matter before the High Court. By the impugned judgment and order, the High Court has dismissed the miscellaneous petition filed by the appellant, which is the subject matter of present appeal. 3. We have heard Shri Ardhendumauli Kumar Prasad, learned counsel appearing on behalf of the appellant and Ms. Rukhmini Bobde, learned counsel appearing on behalf of the respondent. 4. At the outset, it is required to be noted that while issuing the notice, this Court passed the following order on 31.08.2018:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that even as per the Lease Agreement and as admitted by the tenant in the written statement, there shall be periodical increase of the rent @ 15% every three years. It is submitted that therefore the tenant may be directed to pay the rent/enhanced rent by giving periodical rise by 15%. It is submitted that though at present the property in question may fetch the rent @ Rs. 4,00,000/- even by giving 15% periodical rise every three years, the rent would come as under:- i. Rent till the year September, 2011 : Rs. 58,650/- ii. Rent enhanced in October, 2011 : Rs. 76,245/- iii. Enhanced rent at the rate of 15% till September, 2017 will be Rs. 87,681/- iv. Enhanced rent at the rate of 15% till September, 2020 will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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