Unilateral And Retrospective Enhancement Of Rent Is Unjust, Not Permissible Under Law: J&K High Court

The Jammu and Kashmir High Court has held that a party cannot be permitted to unilaterally and retrospectively alter the rent amount fixed with the tenant.

Justice MA Chowdhary held that it was not permissible for the respondent to revise the rent twice in the same year. The court said that notice requiring the petitioner to pay the revised rent increasing it to 100% was not permissible and was done in violation of the principles of Natural Justice.

The court said that respondents have not placed on record the copy of the order whereby a decision has been taken to enhance the rent of the flats from 2012 to Rs. 1000 or increase by 20% as against the earlier decision of enhancing the rent of petitioner's flat from Rs. 500/ to Rs. 600/ in the year.

The court however ruled that respondents were at liberty to increase the rent amount from the year 2015 after giving the petitioner the opportunity of being heard.

The counsel for respondent-Corporation had argued that the flat had been initially allotted to petitioner at 60 rupees per month basis which had been increased from time to time to rs. 600 by 2012. He also contended that rent was increased to 1000/ from 2012 which is a nominal increase as compared to the existing market rate which is more than 10,000 per year.

The counsel for the petitioner had argued that unilaterally increasing the rent that too with retrospective effect was not only illegal but was also violative of the natural justice. It was also argued that the amount of rent at the rate of 600/month from 2012 to 2015 was already received by the respondent and now it cannot be altered.

BACKGROUND:

The petition was filed under Section 103 of the Constitution of J&K read with Article 226 of the Constitution of India, seeks directions from this Court for issuance of writ of Certiorari to quash the Notice where by an increased rent was claimed by the respondent.

The petitioner was initially allotted Municipal Flats, Jammu by Municipal Committee Jammu in the year 1974 at a monthly rent of Rs. 60/-, which was increased from time to time to Rs. 600/- in the year 2012.

The rent falling due by the petitioner for 600/month upto ending March 2015 was paid which was also received by the respondents without any objection.

APPEARANCE:

L.K. Sharma, Sr. Advocate with Deepak Khajuria, Adv. For Petitioners

S.S. Nanda, Sr. AAG (Advocate) For Respondents

Case-Title: Sahib Saran Khajuria vs Jammu Municipal Corporation, 2025, Livelaw, (Jkl)

Click Here To Read/Download Order