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Judgment
T.R. Ramachandran Nair, J.—The petitioner''s organization is the owner and landlord of a building situated in Door No. CC. 29/1706 G1, Thykkoodam, the first floor of which was leased out to the 2nd respondent on a monthly rent of Rs. 24,500/- by virtue of lease agreement dated 14.6.2007. The petitioner, by relying upon the conditions in the agreement, has demanded enhancement of rent and having failed to get any positive action, this Writ Petition has been filed. The main relief sought for in the Writ Petition is to direct the respondents to enhance the rate of rent for the temporary period as claimed in Exhibit P3 notice, in case the respondents continue to occupy the building. It appears that the respondents have taken steps to shift the office from the present building.
In the counter affidavit filed on behalf of the 2nd respondent, rental arrangement is admitted. Lease agreement is dated 14.6.2007 and the lease commenced from 12.11.2006 for a period of three years and subject to renewal as per Clause 14 of the lease agreement and the monthly rent payable was fixed at Rs. 24,500/-. The demand made by the landlord is to the tune of Rs. 90,000/- based on the prevailing rate of rent in the locality. According to the 2nd respondent, the rent assessment was made on 3.9.2010 by the Civil Division of BSNL and it fixed Rs. 29,709/- as the rent as per the prevailing CPWD rates in the area and a copy of the said communication has been produced as Exhibit R2 (a). The 2nd respondent had offered Rs. 30,000/- towards renewal of rent; but there was no positive response in the matter. Therefore, the Committee suggested shifting of the office to a new location and notification in that regard was issued in February, 2011 as per Exhibit R2(b). It is submitted that search is going on for to shift to other premises.
This is a case where the parties have no agreement between themselves with regard to the rate of enhancement. Purely it is in the realm of contract and this Court in a Writ Petition under Article 226 of the Constitution of India will not be justified in adjudicating such a dispute. Since the petitioner is seeking for enhancement of rent, it is upto the petitioner to approach the civil court or the Forum under the Rent Control Act, seeking enhancement of the rent, if the said remedy is available. Without prejudice to the right of the petitioner avail alternate remedy, the Writ Petition is disposed of.