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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH S.PATIL
In the Matter of: M/s. Bharat Petroleum Corporation Ltd. – Appellant
Versus
Balasaheb Hiralal Zad – Respondent
| Table of Content |
|---|
| 1. landlord files ia for market rent deposit post-cra admission. (Para 1 , 2) |
| 2. stay of eviction requires market rate mesne profits per atma ram. (Para 3) |
| 3. applications for compensation untimely after years, when ripe for hearing. (Para 4 , 5) |
| 4. ia dismissed due to delay; cra listed for final hearing. (Para 6 , 7) |
JUDGMENT :
RAJESH S. PATIL, J.
1. Heard learned advocates for both the sides.
2. This interim application has been filed by the applicant/landlord seeking deposit of market rate at Rs.5,55,000/- per month from October 2007. The civil revision application filed by tenant has been admitted on 23 June, 2010 filed by the BPCL.
3. I have taken a view in the judgment passed in Interim Application No. 15729 of 2023 in Civil Revision Application No. 646 of 2012 in case of Brijbhushan Chandrabali Shukla vs. Mahendra Yadav S/o Lavjari S. Yadav dated 12 January, 2024. Paragraph nos. 2 to 7 of the said judgment reads as under:-
Legal Frame Work :
2. It is necessary first to examine the ratio laid down by the Supreme Court in the judgment of Atma Ram Properties (Supra).
2.1. In the said judgment Supreme Court held that while passing an order of stay to eviction decree, the
Appellate stay of eviction decree allows market rent deposit as reasonable term promptly post-admission; belated application after 13 years when ripe for hearing not maintainable, modifying admission....
The legal point established in the judgment is that tenants are entitled to the refund of the amount deposited in eviction-related proceedings, and the court must consider the legal principles establ....
Eviction of tenant – From date of decree of eviction, tenant is liable to pay mesne profits or compensation for use and occupation of premises at same rate at which landlord would have been able to l....
An Appellate Court's imposition of onerous conditions for stay of eviction decrees must be just and reasonable, reflecting equity principles under Order XLI Rule 5 of the CPC.
The court ruled that conditions for stay of execution cannot include mesne profits payments without proper ascertainment, ensuring rights of both parties are preserved during appeals.
The Court considered the impact of the pandemic on the tenant's ability to pay and granted exemption from payment for a specific period.
The tenant must compensate the landlords for the loss occasioned by the stay granted by the Court on the execution of the eviction order, and the best indicator for fixing the compensation payable by....
The tenant is not liable to deposit the time-barred arrears of rent, particularly having regard to the requirement in Section 12(1)(a) that the arrears of rent must be legally recoverable from the te....
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