Order 1

Order Details: Order on Exhibit
Pdf Text: 1 Exh 15 in R.A.E. Suit No. 160/2022
CNR No. MHSCA30003942022
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit 15
In
R.A.E. Suit No. 160/2022
1) Mr Reynold John Cabral & Anr. Plaintiffs.
V/s.
Mr Trilok Singh Mehta Defendant.
Shri T.R. Patel, advocate for the plaintiffs.
Shri Ratnish S. Dubey, advocate for the Defendant.
Coram : Shri B.T. Zirape, Judge.
C.R. No. 38 (B.B.)
Date : 19.08.2022.
Oral Order :
1) Perused the application and say of plaintiffs. Perused
record and proceeding. Heard both the learned advocates at
length. This is an application filed by the defendant for the
permission to deposit arrears of rent with interest and costs. It is
contended by defendant that the present suit is filed on the
ground of arrears of rent, change of user and bonafide
requirement particularly set out in the plaint. The defendant is
always ready and willing to pay the monthly rent in respect of the
suit premises. But, the original owner i.e. plaintiff was not ready
to collect the monthly rent from the defendant. Neither the
-- 1 of 4 --
2 Exh 15 in R.A.E. Suit No. 160/2022
original plaintiff nor his family members have demanded the
arrears of rent till today by sending any demand notice. Even
defendant is ready to pay costs of the suit. The plaintiff is
claiming arrears of rent and permitted increases from 01.12.2021
@ 200/ per month with permitted increases of municipal	₹
taxes. The defendant is ready and willing to pay the arrears of
rent with 15% interest per annum and costs of the suit. According
to the defendant, no prejudice will be caused to the plaintiffs if
the application is allowed. To show the bonafide, readiness and
willingness, the defendant requested to permit him to deposit all
the arrears of rent, interest and costs of the suit. Finally, the
defendant requested for grant of the application.
2) Per contra, the plaintiffs resisted the application by
filing reply at Exh. 18. According to the plaintiffs, it is the matter
of record that the defendant lastly paid rent to the plaintiff till
November 2021. The defendant failed and neglected to pay the
arrears of rent. The plaintiffs denied that the defendant is always
ready and willing to pay the monthly rent in respect of the suit
premises and plaintiff was not ready to collect the same. The
defendant never approached to the plaintiffs to show his
readiness and willingness to pay the arrears of rent. There is
arrears of rent and permitted increases from 01.12.2021 @ ₹
200/ per month with permitted increases and municipal taxes.
The landlord is entitled to recover the permitted increases @ 4%
per annum from the tenant as per the amended Maharashtra Rent
Control Act. The plaintiff requested to direct the defendant to pay
the permitted increases from April 2000 as per the amended
-- 2 of 4 --
3 Exh 15 in R.A.E. Suit No. 160/2022
Maharashtra Rent Control Act, 1999. If the defendant is not ready
and willing to pay the arrears of rent and permitted increases and
increasing municipal taxes the application is liable to be
dismissed with heavy compensatory costs. It is further contended
by the plaintiffs that if the present application is allowed then the
plaintiffs may be permitted to withdraw the deposited amount.
Finally, the plaintiffs requested for dismissal of the application
with heavy costs.
3) After hearing the rival submissions of parties, I have
gone through the record and proceeding of the present matter.
Present suit is filed for eviction on the grounds particularly set out
in the plaint. It is not in dispute that the defendant is in arrears of
rent since from 01.12.2021 @ 200/ per month. It is not	₹
desirable to direct the defendant to pay 4% permitted increases
from April 2000 as per amended Maharashtra Rent Control Act,
1999. The defendant sought permission to deposit the costs of the
suit @ 200/ per month in the office of this court. Yet costs of	₹
the suit is not decided by the court. Hence, the said prayer of the
defendant cannot be granted.
4) I am of the view that without prejudice to the rights
and contentions of the parties, the defendant needs to be
permitted to deposit the arrears of rent. As such, I find no merit
in the say of the plaintiffs. So also, I find no force and substance
in the argument advanced on behalf of the plaintiffs. In the result,
application deserves to be partly allowed. In this view of the
matter, I proceed to pass the following order :
-- 3 of 4 --
4 Exh 15 in R.A.E. Suit No. 160/2022
ORDER
1) The application is partly allowed as observed
above.
2) Without prejudice to the rights and
contentions of the parties, the defendant is
permitted to deposit the arrears of rent @ ₹
200/ per month for the period of December
2021 till August 2022 alongwith permitted
increases together with the simple interest on
the arrears of rent @ 15% per annum within
the period of one month from today.
3) The defendant shall continue to deposit the
future rent @ 200/ per month from	₹
September 2022 onwards on or before 10th of
each succeeding month till final disposal of the
suit.
4) The plaintiffs are at liberty to withdraw the
rent amount deposited by the defendant in the
court.
(B.T. Zirape)
Judge.
Date : 19.08.2022. C.R. No. 38.(B.B.)
Order dictated on : 19.08.2022.
Order transcribed on : 20.08.2022.
Order checked & signed on : 20.08.2022.
/home/steno38/Desktop/CR38sgzfrom 2019/B.T.Zirape/NOTICES BTZ/AUGUST 2022/16022RAEExh15(Deposit with Int,costs)19.8.22.odt
-- 4 of 4 --