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IN THE COURT OF SMALL CAUSES AT BOMBAY
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 13
IN
R. A. E. SUIT NO. 129 OF 2017
CNRMHSCA300291217
Mr. Mohammed Abbas Jhanjharia ..... Plaintiff
Versus
Mr. Zeob Moosabhai Kachwala ..... Defendant
Rajesh J. Yadav, ….ld. Advocate for plaintiff
Mrs. Lata P. Kharwa, ….ld. Advocate for defendant.
Coram : S. G. Borlepwar
Judge, C.R. No. 35 (B.B.)
Date : 14 th February, 2019
ORAL ORDER :
1. Defendant filed this application for permission to deposit the
rent of suit premises in the Court.
2. Perused application and say.
3. Following points arise for my determination. I record my
findings thereof for the reasons stated below :
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:: R E A S O N S ::
As to Point Nos. 1 and 2 :
4. Heard both sides. It is the contentions of defendant that
original tenant M. P. Kachwalla by letter dated 30.05.1997 sent money
order to the plaintiff. He has sent a letter dated 10.10.2013 with cheque
of Rs. 43,200/ as a rent for the period from November 1995 to December
2013 to the plaintiff. Rent of the suit premises is Rs. 70/ per month. He is
ready and willing to pay the rent and permitted increases and other
charges in respect of the suit premises. Plaintiff did not issue rent receipt
therefore the defendant tendered rent by cheque to the plaintiff. The
plaintiff refused to accept the cheque. Therefore, permission be granted to
deposit the arrears of rent at the rate of Rs.70/ per month for the period
from 01.01.1995 to 31.08.2017. Defendant be permitted to deposit
monthly rent at the rate of Rs. 70/ per month for period from September
2017 onwards in the court till disposal of the suit.
5. Total rent from 01.01.1995 to 31.08.2017 is Rs.18,340/
which is calculated at the rate of Rs. 70/ per month. Hence, application be
allowed.
6. Plaintiff filed reply at Exhibit14. In brief, it is the contentions
of plaintiff that suit is filed on the ground of non user and bonafide
requirement. Suit is not filed on the ground of arrears of rent. Plaintiff
has not issued notice for the arrears of rent. All adverse contentions raised
in the instant application are denied. Defendant has not calculated
increase of 4% permitted increases in rent from April 1999 which is Rs.
208/ per month till March 2000 which comes to the tune of Rs.2096/.
Defendant has sent arrears from November 1995 to the tune of Rs. 200/
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ORDER
1) The instant application is allowed as under:
2) Defendant is permitted to deposit in the court on
or before next date the arrears of rent and
permitted increases as calculated Rs. 18,340/ in
respect of the suit premises at the rate of Rs. 70/
per month for the period from 01.01.1995 to
31.08.2017 as mentioned in the instant
application without prejudice to the rights and
contentions of both parties.
3) Defendant is further permitted to deposit rent in
the court at the rate of Rs. 70/ per month of the
suit premises for the month of September 2017
till 31.01.2019 on or before next date without
prejudice to the rights and contentions of both
parties.
4) Defendant is further permitted to deposit in the
court rent of the suit premises at the rate of Rs.
70/ per month from 01.02.2019 till disposal of
the suit without prejudice to the rights and
contentions of both parties.
5) The suit is not filed on the ground of arrears of
rent therefore to avoid to deposit rent in the court
every month, defendant is permitted to
deposit rent at the rate of Rs. 70/ per month, in
advance, of one year from 01.02.2019 till
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disposal of the suit without prejudice to the
rights and contentions of both parties.
6) Costs in cause.
(Dictated and pronounced in Open Court.)
Bandra, Mumbai (S. G. Borlepwar)
Date : 14.02.2019 Judge, C.R.No. 35(B.B.)
Order dictated on : 14.02.2019
Order transcribed on : 15.02.2019
Order checked on : 15.02.2019 (S. G. Borlepwar)
Order signed on : 15.02.2019 Judge, C.R.No. 35(B.B.)
/home/steno35/S. G. BorlepawarJudge C.R.35/February2019/Orders/1292017 RAE. EXH13.odt SSC