LAXMIDEVI WD/O PRAKASH BUTY Vs. MARATHA MANDIR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

(2.) By this writ petition, the petitioners (original landlords) have challenged order dated 27.08.2018 passed by the Court of District Judge, Nagpur (Appellate Court) in Regular Civil Appeal No.303 of 2018, whereby an application for stay of decree filed by the respondent (tenant) has been allowed on the condition that the respondent shall pay an amount Rs.10,000/- per month from the date of the judgment of the trial court till the decision of appeal towards occupation charges of the suit premises. The petitioners contend that the said amount is unreasonably low, considering the market rent that is being fetched by similar properties in the very same building and that, therefore, the aforesaid condition imposed by the appellate Court needs to be modified.

(3.) The respondent has been a tenant in shop block nos. 3 and 4 of the ground floor in a building known as Gopal Krishna Bhavan, Jhasi Rani Square, Sitabuldi, Wardha Road, Nagpur for the past more than 40 years. It is the contention of the petitioners that in addition to the said two shop blocks admeasuring about 444 sq.ft. each, area in mezzanine floor is also occupied by the respondent. The rent being paid for the said premises by the respondent was about Rs.460/- per month for each shop block. The petitioners had filed suit for eviction and possession against the respondent under the provisions of the Maharashtra Rent Control Act, 1999, inter alia, on the ground of bona fide need. The said suit was decreed in favour of the petitioners on 22.03.2018, whereby the respondent was directed to vacate the suit premises within a period of 30 days from the date of the decree.