Rent enhancement is landlord's fundamental right: HC

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Allahabad, Oct 8 (UNI) In a significant judgement, the Allahabad High Court has ruled that the rent enhancement is a fundamental right of a landlord and thus, a notice might be served upon a statutory tenant asking him to enhance and pay the rent/compensation at the prevailing market rent.

On failure of the tenant to do so, a suit for the recovery of rent arrears and compensation might be filed, HC noted.

The order was passed by Justice Rakesh Tiwari on a writ petition filed by Abdul Jalil of Allahabad and several landlords.

The question for consideratrion before the court was that whether the HC in exercise of its powers under articles 226/227 of the Indian constitution can enahance the standared rent initially determined in cases, where the landlord had lost from courts in the suits pertaining to rent arrears and eviction had been decided in affirmative or in his favour.

The bench also held that even the courts below can enhance rent reasonably at par with the prevailing market rent.


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