Order 6

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000464-2023)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.12
IN
R.A.E. & R SUIT NO. 375 OF 2023
Velji Ranmal Shah .... Plaintiff
Versus
Ms. Tereza Noronha …. Defendant
Shri. Omkarnath R. Tiwari, Ld. Advocate for the plaintiff.
Shri. John Johnson, Ld. Advocate for the defendant.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No.34.
Date : 16.03.2026.
ORAL ORDER:
1. This is an application filed by the C.A. of the defendant
for granting permission to the defendant to deposit in the Court the
arrears of rent as claimed by the plaintiff by condoning the delay and
for direction to the plaintiff to place the copy of Deed of Conveyance
in respect of the suit property on record as well as continue to deposit
the monthly rent till disposal of the suit.
2. Perused the application and reply Exhibit No.18 filed by
the plaintiff. Heard both the sides.
3. From the perusal of record, it reveals that the present
suit is filed for eviction and arrears of rent on the grounds more
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particularly mentioned in the plaint. This application is filed by the
defendant for granting permission to the defendant to deposit the
arrears of rent in respect of the suit premises as claimed by the
plaintiff.
4. It is to be noted that the defendant is ready and willing
to deposit the arrears of rent, which is claimed by the plaintiff, such
as arrears of monthly contractual rent of Rs.20/- per month for the
period from 01.01.1989 till December 2000 and @ Rs.30/- per
month for the period from January 2001 till December 2010, @
Rs.50/- per month from January 2011 till December 2020 and @
Rs.75/- per month from January 2021 onwards till 30.04.2023, total
400 months in all amounting to Rs.14,580/- exclusive of permitted
increases and also ready to continue to deposit the rent till disposal
of the suit. Admittedly, this is not the application for fixation of
standard rent. It is settled principle of law that premises can not be
enjoyed without paying rent amount to the owner/landlord.
Therefore, without prejudice to the rights of the plaintiff, if
permission to deposit arrears of rent is granted to the defendant, it
will not cause any prejudice to the rights of plaintiff. Therefore,
without prejudice to the rights and contentions of both the parties,
the defendant can be permitted to deposit the arrears of rent as
prayed.
5. So far as the second prayer of the application is
concerned, the nature of both the prayers is different. The defendant
shall file separate application because if the said prayer entertained
in present application, it will create unnecessary confusion in the
proceeding. Thus, the application deserves to be allowed. Hence, I
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proceed to pass the following order:-
: O R D E R :
1. Application Exhibit No.12 is allowed,
by keeping open issue of delay in
depositing rent.
2. The defendant is permitted to deposit
in the Court the amount of arrears of
monthly contractual rent of Rs.20/- per
month for the period from 01.01.1989
till December 2000 and @ Rs.30/- per
month for the period from January
2001 till December 2010, @ Rs.50/-
per month from January 2011 till
December 2020 and @ Rs.75/- per
month from January 2021 onwards till
30.04.2023, total 400 months in all
amounting to Rs.14,580/- exclusive of
permitted increases within 15 days
from the date of this order.
3. The defendant is further permitted to
deposit in the Court the further arrears
of rent at the rate of Rs.75/- per month
in respect of the suit premises from
May 2023 to March 2026 within 15
days from the date of this order.
4. The defendant is directed to continue
to deposit in the Court the future rent
at the rate of Rs.75/- per month in
respect of the suit premises from April
2026 onwards till disposal of this suit
on or before 10th day of every month.
5. The plaintiff is at liberty to withdraw
the amount as and when deposited by
the defendant in the Court.
6. This order is passed without prejudice
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to the rights and contentions of both
the parties.
7. No order as to costs.
Place : Mumbai ( J. D. Hushangabade )
Date : 16.03.2026. Judge, C.R. No.34 (BB).
Order dictated & Typed on : 16.03.2026.
Order checked & signed on : 17.03.2026.
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