The Jammu and Kashmir High Court ruled that a party cannot unilaterally and retrospectively alter the rent amount that had been previously agreed upon with the tenant.

The petition was filed under Section 103 of the Constitution of Jammu and Kashmir, in conjunction with Article 226 of the Indian Constitution. The petitioner sought a writ of certiorari to quash the notice issued by the respondents demanding the increased rent.

The petitioner had been allotted a municipal flat by the Municipal Committee Jammu in 1974, with the initial rent set at Rs. 60 per month. Over time, this rent was raised, with the most recent increase occurring in 2012, when it was fixed at Rs. 600 per month. The petitioner had paid the rent of Rs. 600 per month until March 2015, and these payments had been accepted by the respondents without objection.

A Bench of Justice MA Chowdhary said, “Such a recourse to revise the rent twice in the same year is not permissible and, as such, the notices requiring the petitioner to deposit the enhanced rent is not in accordance with law and the principles of natural justice.”

The Court observed that the respondents failed to provide any evidence of an official order or decision regarding the increase in rent from Rs. 500 to Rs. 600 in 2012, or the subsequent rise to Rs. 1,000. The respondents had not submitted the relevant documents justifying the increase.

The Court added, “Viewed thus, the unilateral and retrospective enhancement of the rent of the petitioner’s flat vide impugned notices, being unjust, cannot be permitted in accordance with law. The petition is, thus, allowed and the impugned order and notices i.e., Order No. JMC/RB/241-44 dated 01.06.2012, Notice No. JMC/RB/4072 dated 08.01.2015 and Notice No. JMC/RB/9216 dated 03.03.2015, are ordered to be quashed.”

However, the Court clarified that the respondents could lawfully increase the rent from 2015 onwards, provided they gave the petitioner a proper opportunity to be heard before implementing any changes.

Cause Title: Sahib Saran Khajuria v. Jammu Municipal Corporation & Anr.

Appearance:

Petitioner: Senior Advocate L.K. Sharma, along with Advocate Deepak Khajuria

Respondents: Senior Additional Advocate General S.S. Nanda

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Jammu & Kashmir and Ladakh High CourtJustice MA Chowdhary

Suchita Shukla

Assistant Editor

Suchita Shukla is an Assistant Editor at Verdictum, with a strong foundation in legal research and writing, she brings over 4.5 years of experience to the table, having honed her skills in the dynamic field of law. She covers Supreme Court and High Courts. She completed her BA-LLB (Hons.) 5-year course with specialisation in Intellectual Property rights from Galgotias University. Since 2019, apart from having worked at a legal publishing house she has also ventured into legal journalism.