Vs. Hindustan Petroleum Corpn. Ltd., T.N  Insc
316 (5 May 2005)
Singh & Arun Kumar B.P. Singh,J.
counsel for the parties.
appeal is against an interim order of the High Court whereby in a pending
Second Appeal the High Court directed the respondent to deposit the rent at the
rate of Rs.1250/- per month from 1.5.1993 and at the rate of Rs.2000/- per
month with effect from January
1, 1999 till the
disposal of the Second Appeal.
grievance of the appellant is that the land which was leased out in the year
1973 for a period of 20 years for setting up a Petrol Station is being utilised
by the respondent for parking of vehicles which gives to the respondent an
earning of Rs.1000/- per day. Therefore, the appellant prayed before the High
Court that during the pendency of the appeal respondent should be directed to
deposit by way of rent a sum of Rs.10,000/- per month. The prayer, as noticed
above, was only partly allowed with the direction to deposit rent at the
enhanced rates noted above.
being an interim order, we do not wish to interfere in exercise of our
discretion under Article 136 of the Constitution of India. We, therefore,
dismiss the appeal. However, the dismissal of this appeal will not prevent the
appellant from making an appropriate prayer before the High Court to fix a
higher rent at the time of the final disposal of the Second Appeal.
should not be understood to have expressed any opinion on the merit of the
claim of the appellant, and it will be open to the High Court to pass an
appropriate order in accordance with law.