2000 (11) TMI 1224 - SC - Indian Laws

Supreme Court overturns rent hike, stresses fair hearings, remits case for fresh consideration.

State Bank Of India Versus KM. Chandra Govindji

The Supreme Court set aside previous decisions upholding a rent increase from &8377; 300 to &8377; 13,750 per month, finding the appellant was ... - Issues involved: Rent enhancement, refusal of adjournment, reasonable opportunity to present case.Rent Enhancement: The respondent, as the owner of a premises, sought to enhance the rent from the appellant-Bank, the tenant, from &8377; 300 to &8377; 13,750 per month based on a valuation report. The appellant resisted, claiming the building was old and in dilapidated condition, valuing it at &8377; 1 lakh. The Rent Controller, District Judge, and High Court upheld the rent increase. However, the Supreme Court found that the appellant was not given a reasonable opportunity to present evidence and set aside the previous orders, remitting the matter back to the Rent Controller for fresh consideration.Refusal of Adjournment: The appellant's Advocate sought adjournments on various dates due to medical reasons, but the Rent Controller dismissed the requests. The Supreme Court held that the refusal of adjournment on 24.11.1992 was unjustified, as the Advocate was ill and had to go for a medical examination. The Court emphasized that parties should be given a fair opportunity to present their case, and remitted the matter back for fresh consideration.Reasonable Opportunity to Present Case: The High Court and lower courts had found that the appellant did not avail reasonable opportunities to present evidence. However, the Supreme Court disagreed, stating that the essence of the matter was missed. The Court emphasized that parties should be allowed to present their case, and previous adjournments should not impact the current request for adjournment. The matter was remitted back to the Rent Controller for a fresh consideration.