THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL REVISION PETITION No. 558 of 2024

ORDER:

This Civil Revision Petition is filed aggrieved by the order dated 12.12.2023 passed in R.C.A No.6 of 2023 by the learned Additional Chief Judge, City Small Causes Court, Hyderabad.

2. Heard both sides. Perused the record.

3. R.C.A.No.1 of 2023 is filed by the petitioner herein against the order dated 07.06.2022 passed in R.C.No.172 of 2016 on the file of III Additional Rent Controller, City Small Causes Court, Hyderabad. R.C.A.No.2 of 2023 is filed by the petitioner herein against the order dated 07.06.2022 passed in I.A.No.27 of 2021 in I.A.No.150 of 2016 in R.C.No.172 of 2016 on the file of III Additional Rent Controller, City Small Causes Court, Hyderabad. Against these two orders, C.R.P.Nos.632 and 672 of 2024 were filed and the same were dismissed as infructuous. 4. R.C.A No.6 of 2023 is filed by the petitioner herein against the order dated 17.02.2020 in R.C.No.187 of 2016 on the file of I Additional Rent Controller, City Small Causes Court, Hyderabad. The learned Additional Chief Judge, City Small Causes Court, Hyderabad partly allowed R.C.A No.6 of 2023 vide common judgment on 12.12.2023. R.C.A No.6 of 2023 is filed for fixing the fair rent at the rate of Rs.5,000/- per month with further enhancement 5% every year on the existing rent regarding the petition schedule property. R.C.No.187 of 2016 is filed under Section 4 (1) of the Act of 1960 seeking enhancement of rent from Rs.1800/- p.m to Rs.7,200/- p.m. i.e., Rs.60/- per Sq.ft. for 120 Sq.ft regarding the suit schedule property as the property is in commercial locality. Respondent No.2 was directed to pay the rent @ Rs.5,000/- per month to the petitioner from the date of petition and further directed to enhance the rent @ 5% per every year on the existing rate of rent in respect of petition schedule property and the arrears of rent shall be paid within six months. Aggrieved by the said order, R.C.A.No.6 of 2023 was filed and in R.C.A, fair rent of Rs.5,000/- was confirmed but the enhancement was set aside.

5. In Omprakash Malatkar Vs.Smt.Kishan Bai Porwal in Civil Revision Petition No.3360 of 2018 dated 29.07.201, in which it was held as follows:

The landlady did not adduce any evidence to prove the periodical enhancement in the vicinity. As pointed out above, there needed to be evidence to prove the prevailing rent of the similarly situated shops. Therefore, the periodical enhancement ordered by the learned Rent Controller and confirmed by the appellate Court is set aside

6. The first appellate Court observed that the petitioner did not produce any evidence on record to establish an increase in the rent for every year in the locality, as such the question of enhancement of rent by 5% every year does not arise. The rent will be enhanced by 10% for every two years. Court can take judicial notice of certain facts, though there is no evidence on record. It is quite by common that rents will be enhanced periodically, moreover enhancement granted by trial Court is not abnormal. The trial Court considering the said aspect granted enhancement of rent @ 5% per year and there is no irregularity or illegality in the said order. Therefore, the order of the first appellate Court to that effect is not on proper appreciation of facts and is liable to be set aside.

7. Accordingly, the Civil Revision Petition is allowed by setting aside the enhancement of rent to an extent of @ 5% and fixation of fair rent @ 5% by both the Courts is correct and it needs no interference. The order of the first appellate Court regarding fixation of rent @ Rs.5,000/- per month is set aside and the enhancement @ 5% is not proper, as such the order of the trial Court in R.C.No.187 of 2016 dated 17.02.2020 is confirmed in toto.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________ P. SREE SUDHA, J Date: 02.04.2025

CHS

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL REVISION PETITION No. 558 of 2024