Case Law Details
Case Name : Mohammad Ahmad & Anr. Vs Atma Ram Chauhan & Ors. (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
One half of the lis between landlord and tenant would not reach courts, if tenant agrees to pay the present prevalent market rate of rent of the tenanted premises to the landlord. In that case landlord would also be satisfied that he is getting adequate, just and proper return on the property. But the trend in the litigation between landlord and tenant shows otherwise. Tenant is happy in paying the meagre amount of rent fixed years ago and landlord continues to find out various grounds under the Rent Acts, to evict him some how or the other. This case appears to be another classic example of t...
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Even Hon’ble Calcutta High Court has declared that the “Norms and Guidelines” framed by Hon’ble Supreme Court must be followed by the Rent Controller when fixing “Fair Rent” under Section 17 of The West Bengal Premises Tenancy Act 1997 in Paras 92 & 95 of the judgement passed on 05.02.2024 by the Division Bench in the matter of Debonair Vanijya vs Eshrat Jahaan (2024 SCC OnLine Cal 1178).
This judgement follows years after most of the High Courts in India have mandated the above.
This judgement should be widely circulated so that all tenants paying less than thearket rent should start paying market rent.
Its a wonderful judgment pronounced by Apex Court, this will minimise the landlord and tenants litigation all over the country. The freezed rent of years together will come to market rate in states where there is no model rent control act. After so many years the Apex Court has done the correct, which Govt. could not do. This once again prooved that our Courts are much aware of the current situation of the country in comparision to Governments.