Excelsior Correspondent
JAMMU, Apr 30: In a case of application under section 8 of Houses and Shops Rent Control Act for enhancement of rent in case titled “Parshotam Dev Gupta Vs. Vijay Kumar” in respect of premises of a building situated at Mohalla Partap Garh, Jammu, the court of Rent Controller (Sub-Judge/CJM), Jammu allowed application and enhanced monthly rent in respect of premises from Rs. 400/- per month to Rs. 5,000/- per month from date of application i.e 10.02.2010.
While allowing the application of landlord, the court of Rent Controller observed that evidence led by applicant explicitly demonstrates non-applicant to be in possession of premises as a tenant and that the rent agreements relied upon by applicant/landlord also corroborate the assertion of applicant that rent in the locality of premises in question akin to one in the occupation of tenant was around Rs. 3,000/- as on the year 2008.
Court further observed that “the fact that Mohalla Pratap Garh, Jammu, the place where premises in question is situated – is commercially viable locality where price of land has scaled up/increased many folds since 1996 – also remains un-controverted” and maintained.
“In these circumstances, the payment of rent of Rs. 400 per month for the premises by tenant, is plainly un-fair, exceptionally meager and hugely un-just” adding, “indeed, for a tenant to pay monthly rent of Rs. 400/- even as on the year 2010 at a place like Mohalla Pratap Garh, Jammu is not only extremely dis-maying, dis-illusioning and disgusting for a landlord but also an outright harassment in backdrop of huge increase in inflation and substantial rise in the market value of premises in question, the court said”
With these observations, the court directed tenant to pay monthly rent of Rs. 5,000 to landlord from the date of application.
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