1999 (8) TMI 1023 - HC - Indian Laws

Court Upholds Ruling on Rent Disputes; Orders Deposit for AC Restoration and Urges Swift Resolution in Lease Cases.

Jute Corporation of India Ltd. Versus Sudera Enterprises Pvt. Ltd.

The HC upheld the trial judge's decision, rejecting the appointment of a valuer for rent determination, emphasizing that rent disputes must be resolved ... - Issues:1. Appointment of a valuer for determining the quantum of rent.2. Compelling Sudera to restore air-conditioning facilities as requested by Jute Corporation.Analysis:Issue 1: Appointment of a valuer for determining the quantum of rent:The case involved two inter-related appeals concerning a lease renewal dispute between Sudera Enterprises Pvt. Ltd. and Jute Corporation of India Ltd. The key contention was the disagreement over the quantum of rent for the renewed lease period. The Court considered whether the trial judge should appoint a valuer to determine the rent. Sudera argued for the appointment of a valuer to resolve the rent issue, while Jute Corporation contended that the matter should be decided based on evidence presented during the trial. The Court emphasized that the judicial function of determining rent cannot be delegated to a valuer and must be decided through the legal process. The Court referred to established legal principles and precedents to support its decision, highlighting that the issue of rent determination is a judicial function that cannot be delegated.Issue 2: Compelling Sudera to restore air-conditioning facilities:Regarding the air-conditioning facilities, the Court acknowledged that under the lease agreement, air-conditioning was considered a basic necessity rather than a luxury due to the nature of the premises. The Court noted the history of payment agreements between the parties for service charges and air-conditioning fees. Considering the ongoing dispute over rent and charges, the Court issued an ad hoc directive for Jute Corporation to deposit arrears of rent and specified charges, including air-conditioning fees. Sudera was instructed to restore the air-conditioning facilities upon receipt of the specified payments. The Court emphasized that this directive was temporary and subject to the final judgment and decree in the case.In conclusion, the Court upheld the trial judge's decision to reject the appointment of a valuer for rent determination, emphasizing the need for judicial resolution of the rent dispute. The appeals were disposed of with specific directions for the parties to proceed with the cases expeditiously. The judgment highlighted the importance of legal processes in resolving lease disputes and ensuring fair treatment of both parties involved.