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Judgment
Pradeep Nandrajog, J.
RFA 411/2007 and CM No. 16774/2007
For the period 01.09.03 to 31.03.2005 damages have been awarded to the landlords against the tenants i.e. the appellant @ Rs. 42.50 per sqr.ft. per month.
The tenant is in appeal raising a grievance that the rate awarded is excessive. The landlords are also aggrieved evidenced by the fact that vide CM No. 16774/2007 cross-objections have been filed seeking enhancement.
The reasoning of the learned Trial Judge is that after the initial lease was over, parties negotiated for rent to be increased and at that stage the appellant offered to continue the lease by paying a rent of Rs. 40/- per sqr.ft. per month. The landlords desired that if lease had to continue the rent payable would be Rs. 42.50 per sqr.ft. per month.
The learned Trial Judge has opined that from the offer of the tenant to renew the lease @ Rs. 40/- per sqr.ft. per month is an evidence of the appellants admissions that the fair rent as on the date in question i.e. 01.09.2003 was Rs. 40/- per sqr.ft. per month.
The learned Trial Judge has opined that a reasonable rent would be Rs. 42.50 per sqr.ft. per month.
Suffice would it be to state that in the estimation of a fair rental or the market value of the property there is always some element of guess work and 100% accuracy can not be achieved.
Whereas the appellant offered Rs. 40/- per sqr.ft. per month, the landlords desired Rs. 42.50 per sqr.ft. per month. The gap is narrow.
As long as there is no perversity or a gross illegality or a miscarriage of justice, merely because a reasoning of a Trial Court does not measure up to certain requisite standards, would be no ground to interfere in appeal.
Thus, we find no force in the plea of the appellant and concur with the reasoning of the learned Trial Judge that since the appellant had offered to renew the lease @ Rs. 40 per sqr.ft. per month fair rent would be Rs. 42.50 per sqr.ft. per month. We may only add that a presumption would arise that the officer of the appellant who made the offer would have surveyed the market.
Turning to the cross-objections. The same principle applies against the landlord. By offering to renew the lease @ Rs. 42.50 per sqr.ft. per month the landlords would also be presumed to have surveyed the market before offering as aforenoted.
The appeal as well as the cross-objections are dismissed.
No costs.
The amount deposited by the appellant, if any, be paid over to the respondents together with the accrued interest, if any.