Promod Kumar &
ANR. Vs. Ram Palat [2008] INSC 1500 (3 September 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO._______ OF 2008 (arising
out of SLP(C)NO.7251/2007) PROMOD KUMAR & ANR. ....APPELLANTS VERSUS RAM PALAT
....
ORDER
1.
Leave
granted.
2.
This
is an appeal arising out of interim order dated 26th October, 2006 and order
dated 8th February, 2007 both passed by a learned Judge of the High Court of
Judicature at Allahabad in Civil Misc. Writ Petition No.30272 of 1998 and
Modification Application No.260414 of 2006 respectively.
3.
We
have heard learned counsel for the parties and examined impugned orders as well
as other materials on record. From the impugned orders, we find that the rate
of rent payable by the tenants was Rs.25/- per month, which has been increased
by the High Court to Rs.1500/- per month from October, 2006. Admittedly, the
landlord (respondent herein) was the writ petitioner before the High Court, in
which he has challenged the order of the Appellate Authority, by which the
Appellate Authority had set aside the order of eviction passed by the
prescribed Authority.
4.
In
view of the above, we are of the view that the High Court was not justified in
increasing the rate of rent from Rs.25/- to Rs.1500/- in a petition filed by
the landlord challenging the order of the Appellate Authority setting aside the
eviction order passed by the prescribed Authority. Impugned orders of the High
Court are accordingly set aside and the Civil Appeal is disposed of with no
order as to costs. The High Court is requested to dispose of the pending writ
petition filed by the landlord within a period of three months from the date of
supply of a copy of this order to the High Court, without granting any
unnecessary adjournment to either of the parties.
..................................J.
(TARUN CHATTERJEE)
..................................J.
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