Sadhu Ram Vs.
Parminder Singh [2008] INSC 1284 (1 August 2008)
Judgment
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4760 OF
2008 (Arising out of SLP)No.20345 of 2007) Sadhu Ram ...Appellant VERSUS
Parminder Singh ...Respondent
O R D E R
1.
Leave
granted.
2.
This
appeal is directed against an order dated 24th September, 2007 passed by a
learned Judge of the High Court of Punjab and Haryana at Chandigarh in Civil
Revision Petition No.3494 of 2007 whereby the High Court had dismissed the
revision petition filed by the tenant/appellant.
An eviction
proceeding was initiated against the appellant in respect of a shop on the
ground floor of Shop-cum-Flat NO.5 Sector 20-C, Chandigarh in which the
appellant was 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, 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.
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