UNITED INDIA INSURANCE COMPANY LTD Vs. NIRMALA

JUDGEMENT

(1.) These four civil first appeals, for having arisen out of the single civil suit (CO No. 83/2002), have been heard together and are taken up for disposal by this common Judgment.

(2.) The suit aforesaid was filed by the landlords plaintiff No. 1 Smt. Nirmala Mehta and her husband, plaintiff No. 2 Shri Rajendra Mehta (appellants in CFA Nos. 548/2006 and 206/2008), against the tenants defendants Nos. 1 to 3, the United India Insurance Company Ltd., its Regional Manager, and its Divisional-Manager (appellants in CFA Nos. 524/2006 and 257/2008) for recovery of arrears of rent, fixation of standard rent with enhancement, and eviction from the suit premises on the grounds of default, nuisance, and reasonable and bonafide requirement.

(3.) In the impugned judgment and decree dated 24.05.2006, the learned Trial Court, though held that the defendants were not in arrears of rent nor had committed default in payment nor caused nuisance but found that the plaintiffs had been able to establish their requirement of the suit premises for the purpose of residence of the old-aged father of the plaintiff No. 2. The learned Trial Court, however, held that from out of the area of the suit premises as let to the defendants, admeasuring about 2126.50 square feet, only an area of about 250 square feet would be sufficient for the requirements established; and proceeded to pass a so-called preliminary decree for eviction in favour of the plaintiffs in relation to the part of premises and observed that the portion to be vacated by the defendants shall be determined with further enquiry after obtaining a Commissioner's report. The learned Trial Court also found that the agreed rent of the premises in question had been Rs. 7,438.75 per month and, with reference to a proposal stated by the plaintiffs in the year 2001 for 35% increase, proceeded to fix the standard rent at Rs. 10,042.25 per month from the date of filing of the suit even after deduction of the aforesaid 250 square feet area.