JUDGMENT :

Milind N Jadhav, J.

Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

2. Writ Petition No.7010/2017 has been filed by the Landlords to challenge the judgment dated 3.8.2017 passed in Civil Revision Application No.36/2016 by the District Judge-13, Nagpur and seek confirmation of the judgment dated 18.9.2014 passed in M.J.C. No.23/2008 by the Additional Judge, Small Causes Court, Nagpur.

Writ Petition No.33/2018 has been filed by the Tenant to challenge and set aside Clause 2 of the judgment dated 3.8.2017 passed in Civil Revision Application No.36/2016 in respect of the same property.

Since facts are common and similar, both the Petitions are disposed of by a common order.

3. In Petition No.33/2018 the Petitioner has challenged the Order dated 3rd August, 2017, in Civil Revision Application No.36 of 2016 passed by the learned District Judge-13, Nagpur, whereby the Revision Application filed by the Petitioner (Original Appellant) under Section 34 (IV) of the Maharashtra Rent Control Act, 1999 came to be partly allowed. By the said order, Petitioner was directed to pay monthly rent @ Rs.6,000/- per month towards the user of the suit shop/flat to the Respondents.

4. The brief facts, necessary for deciding the present Petitions, are as follows:

The Respondents are the owners of immovable property bearing House No.640, City Survey No.615, Sheet No.160, situated in Ward No.31, City Post Office Road, Tahsil and District - Nagpur, comprising of ground and upper floors. The Respondents purchased the said property by registered Sale Deed dated 2nd November, 2006. The Petitioner is a statutory tenant and in occupation of one flat admeasuring 220 sq.ft. situated on the first floor of the above property. The attornment of tenancy of the Petitioner was made over to the Respondents by the previous landlord. In the year 2008, the Respondents filed application for fixation of fair rent, bearing M.J.C. No.23 of 2008 before the Small Causes Court at Nagpur. This application was contested by the Petitioner. The learned Additional Judge, Small Causes Court at Nagpur, after hearing the parties and considering the evidence led by the respective parties on record, allowed the application and fixed the rent of the premises @ Rs.9,000/- per month to be payable by the Petitioner to the Respondents. The Petitioner being aggrieved by the said judgment, preferred Civil Revision Application No.36/2016 under Section 34 (IV) of the Maharashtra Rent Control Act, 1999 before the District Judge-13 at Nagpur. By order dated 3rd August 2017, the Revisional Court partly allowed the Revision and fixed monthly rent @ Rs.6,000/- per month to be payable by the Petitioner to the Respondents. This order is under challenge in the present Writ Petition by the Petitioner tenant as being excessive.

5. Admittedly, the status of the property is that, the flat is situated on the first floor and admeasures 220 sq.ft. The Petitioner is in occupation of the said property, much prior to the Respondents becoming the owners of the said property. The Petitioner is using the said flat as a shop for running various businesses viz; initially, a Beauty Centre and now a Saree Centre, as is evident from the record of the case and the pleadings. There is no dispute about the fact that the Petitioner is using the said flat for commercial purposes.

6. Shri Fulzele, learned counsel appearing for the Petitioner submitted that the Revisional Court committed a serious mistake by not appreciating the relevant provisions of the Maharashtra Rent Control Act, 1999 and in not defining the permitted increase while deciding the quantum of rent payable and thus, the fair rent/standard rent, as directed to be paid by the Petitioner was not justified. According to him, the rent fixed was in excess of the rent that would have been payable by the Petitioner and he submitted that it ought to be much less than Rs.6,000/- per month, as determined by the Revisional Court. However