Bombay High Court

RAJKUMAR C. AGARWALversusSMT. MADHUBEN HIRALAL MEHTA

Decided: 27 March 2026
Disposal: Dismissed
Bench: RAJESH S PATIL

Holding

The writ petition was dismissed for want of prosecution.

Summary

The petitioner filed a writ petition challenging the concurrent findings of the trial and appellate courts that had rejected his standard rent application for premises in Kalbadevi, Mumbai. He argued that the monthly rent of Rs.136.63 since 1977 and the building's 80‑year age warranted a standard rent not exceeding Rs.100 per month. No counsel appeared for the petitioner when the matter was called. The court found the petition lacked prosecution and dismissed it. Consequently, any interim application, if filed, was also dismissed.

Issues considered

Whether the standard rent for the premises should be fixed at Rs.100 per month based on the building's age and historical rent
Whether the findings of the trial and appellate courts rejecting the standard rent application can be set aside by a writ petition

Subjects

standard rent
rent control
writ petition
dismissal
procedural default

Judgment

                                                                             924. WP 7099-1999.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 7099 OF 1999

                      Rajkumar C. Agarwal                                       ..Petitioner

                                  Versus

ANAND
SUDHAKAR
                      Smt. Madhuben Hiralal Mehta                               ..Respondent
SUDAME

Digitally signed by
ANAND SUDHAKAR
SUDAME
                                                       WITH
Date: 2026.04.01
10:25:06 +0530                                 CAW NO. 2534 OF 2015
                                                        IN
                                                WP NO. 7099 OF 1999

                      None present

                                                CORAM : RAJESH S. PATIL, J.

                                                DATE       : 27.03.2026
                      P. C.

                      1.      This Writ Petition challenges the concurrent findings recorded by

                      the trial Court and the Appellate Court in the Standard Rent

                      Application filed by the Petitioner which was rejected by both the

                      Courts below. The Standard Rent Application was filed for premises

                      situated at Kalbadevi, Mumbai. The area of the said premises is 350

                      sq. feet.

                      2.      It was the Petitioner’s case that monthly rent of the premises was

                      Rs.136.63 p. from the year 1977. The subject building was 80 years

                      old. Therefore, standard rent should not be exceeding Rs.100/- per


                      Anand                            1 of 2
                                                        924. WP 7099-1999.doc

month. Both the Courts below have rejected the Standard Rent

Application filed by the Petitioner.

3.      None appears for the Petitioner when the matter is called out.

4.      The Writ Petition stands dismissed for want of prosecution.

5.      In sequel, the Interim Application, if any, also stands dismissed.


                                                     (RAJESH S. PATIL, J.)




Anand                             2 of 2

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