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2023 Supreme(Bom) 958

ANIL S. KILOR
Perfect Auto By Its Proprietor – Appellant
Versus
Santosh Narsingdasji Agrawal – Respondent


Advocates appeared:
Shri Y.J.Chandurkar, Adv. H/F. Shri J.J.Chandurkar, Adv., for the Appellant; Shri J.B.Kasat, Advocate, for the Respondent

JUDGMENT

1. Heard.

2. RULE. Rule made returnable forthwith. Heard finally by consent for the parties.

Brief facts of the present case are as under:

3. The respondent/ landlord is the owner of shop premises in question. The petitioner is a tenant and it was a partnership firm, however, in the year 1992, due to retirement of the partners, the petitioner firm was converted into the proprietorship concern.

4. The respondent/landlord filed Regular Civil Suit No.290 of 2016 under Section 8 of the Maharashtra Rent Control Act, 1999 (hereinafter referred as 'the Act of 1999') for fixation of the standard rent and permitted increase with the following prayer clause :

    "A) The Hon'ble Court may be pleased to determine the standard rent/ fare rent of the suit shop premises at Rs.10,000/- per month excluding municipal taxes payable by defendant or as such other higher rate which may be made applicable in view of the commercial importance and commercial locality and suit premises being situated in the heart and middle ofthe city.

B) The Hon'ble Court may be pleased to order the defendant to pay statutory interest at 15% per annum on the rent so determined from the date ofthis suit.

C) The Hon'ble Court

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