LAW FOR ALL

Mere denying the title due to disputes between landlord and third party is not denial of title with bad motive = denial of title by the tenant, the District Court has found that this plea was necessitated because of the civil suit pending between the appellant and one Vishwanath Tandale, filed by the appellant himself before the Civil Court bearing RCS No.1044 of 1983. That suit was pending at the relevant time. The fact that the respondent-tenant rushed to the Rent Controller immediately after receipt of notice from the appellant, is indicative of a bonafide plea taken by the respondent-tenant regarding dispute of ownership of the suit shop; and a plea legitimately available to the respondent-tenant. ;the suit shop for his personal and bonafide need. - lack of pleading , can not be raised at Apex court stage = Firstly, because the original eviction application was limited to the ground of arrears of rent and willful default. Secondly, the ground of personal and bonafide requirement is an independent ground on which the appellant must pursue his remedy before the Rent Controller in the first instance and also succeed in substantiating the relevant material facts in that behalf.; Increase of rent by Tenant is accepted taking into consideration of lack of bonafide plea of necessity = While parting, we may take notice of the stand taken by the respondent-tenant that the appellant is not genuinely interested in using the premises for his personal use; but more interested in getting higher rent from the new tenant. The respondent-tenant, therefore, volunteers through counsel that considering the fact that the suit shop is commercial premises and in his occupation for quite some time, he would be willing to pay some additional amount to the landlord towards monthly rent of the suit shop. As per the agreement, the rate of rent is Rs.400/- per month, which, the respondent is now willing to increase up to Rs.10,000/- per month. We place this offer given by the respondent on record and would dispose off the appeal on that basis. Accordingly, even though we dismiss the appeal, we direct the respondents to pay a monthly rent in respect of the suit shop to the landlord at the rate of Rs.10,000/- per month w.e.f. 1st January, 2016. The additional rent amount for the period between 1st January, 2016 till 31st July 2016 be paid to the landlord within one month from the date of this order; and the respondents shall then continue to pay future rent at the rate of Rs.10,000/- per month before the fifth day of every English calendar month. Appeal is disposed of in the above terms.