& Harris Pvt. Ltd. & Anr Vs. Rajendra Mehta and Ors  Insc 1131 (12 November 2007)
Kapadia & B. Sudershan Reddy
O R D
E R CIVIL APPEAL NO. 5163 OF 2007 (Arising out of SLP(C) No. 9775/2007)
short question which arises for determination in this civil appeal instituted
by the appellants-tenants is whether the Additional District and Sessions Judge
was justified in fixing provisional rent at Rs. 1 lac per month from Rs. 500/-
per month fixed in the earlier round of litigation by the Civil Judge (Jr.
heard learned counsel for both sides, since the impugned order is an interim
order in civil suit No. 61/2002 pending before A.D.J. No. 6, Jaipur, this
appeal stands disposed of in terms of the following order:
Pending the hearing and final disposal of civil suit No. 61/2002, the
appellants-tenants shall pay to its landlord (respondent herein), without
prejudice to its rights and contentions, ad hoc rent @ Rs. 60,000/- per month.
The said rent shall be paid on or before tenth of each month commencing from
the month of December, 2007. The said rent is fixed without prejudice to the
rights and contentions of the parties in the above pending civil suit No.
61/2002. At the interim stage, this Court had called for valuation report. Both
sides submitted valuation reports. Taking into account the contents of the
valuation reports and the location of the premises, we have fixed the ad hoc
rent at Rs. 60,000/- per month, pending the hearing and final disposal of the
said civil suit No. 61/2002. It would be open to the civil court to examine the
evidence and refix the provisional rent in accordance with law.
rent fixed by us at Rs. 60,000/- shall prevail only pending the hearing and
final disposal of the civil suit.
In the said civil suit No. 61/2002, an application was made by the
appellants-tenants under Order XIV Rule 5 CPC. The said application shall also
be decided by the civil court in accordance with law.
Since the disputes are pending for last several years we direct the civil court
to expeditiously hear and dispose of the said civil suit No. 61/2002,
preferably within nine months from today. It is made clear that the parties
shall not seek adjournment.
the impugned order passed by the High Court shall stand modified to the extent
hereinabove mentioned. The civil court shall decide the said civil suit No.
61/2002 expeditiously and uninfluenced by the observations made by the High
Court in the impugned judgment.
appeal is accordingly disposed of with no order as to costs.