Sadhu Ram vs Parminder Singh
- SCC(2008) 8 SCC 132
- AIRAIR 2009 SC Supp 614
Ratio decidendi
The rule this decision rests on
Where an eviction petition against a tenant is granted on the ground of personal need and an appeal against that eviction order remains pending before the Appellate Authority, and the landlord has also sought determination of provisional rent or mesne profits pending the appeal, the court may modify the provisional rent determination made by the Appellate Authority by reducing it to a reasonable amount on the basis of the actual use of the premises and the circumstances of the case, and may direct such modified provisional rent to be paid until the appeal is finally disposed of.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
inducted as a tenant at a monthly rental of 2
Rs.500/- per month by the respondent.
Subsequently, in the month of April, 2007, an
eviction petition was filed by the
respondent/landlord on the ground of personal
need which was allowed by Rent Controller and
against the said order of Rent Controller, an
appeal was filed before the Appellate Authority
which is still now pending. During the pendency
of the appeal before the Appellate Authority,
the landlord filed an application for
determination of the provisional rent/mesne
profits inter alia claiming rent @ Rs.58
sq.ft/Rs.55 sq. ft. The Appellate Authority on
the said application for determination
determined the provisional rent/mesne profits @
Rs.59/-sq. ft (Rs.9600/- per month) and feeling
aggrieved by such determination, the appellant
had filed a revision petition which was
dismissed by the impugned order.
Feeling aggrieved by the aforesaid order of
the High Court passed in the revision petition
affirming the order of the Appellate Authority, 3
a special leave petition was filed which on
grant of leave was heard in presence of the
learned counsel for the parties.
Having heard the learned counsel for the
parties and considering the facts and
circumstances of the present case and
particularly considering the fact that the
appellant had been using the premises in
question for commercial purpose, we are of the
view that the order of the Appellate Authority
can be modified by directing the appellant to
pay Rs.5,000/- per month provisionally till the
disposal of the appeal pending before the
Appellate Authority. Accordingly, we dispose of
this appeal by directing the appellant to pay or
deposit at the rate of Rs.5000/- as provisional
rent/mesne profits every month till the disposal
of the appeal now pending before the Appellate
Authority. The Appellate Authority is directed
to dispose of the appeal at an early date
preferably within three months from the date of
supply of a copy of this order.
4
The appeal is thus disposed of. There will
be no order as to costs.
...........................................J. [Tarun Chatterjee]
New Delhi; ................................................J August 1, 2008. [Aftab Alam]
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free