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2009 Supreme(P&H) 270
PUNJAB & HARYANA HIGH COURT
K.Kannan, J.
Surinder Parkash
Versus
Joginder Singh Bedi
CM No. 13798 of 2008,13799 of 2008,
Civil Revision No. 2956 of 2006,
CM No. 5113 of 2008,
Civil Revision No. 2957 of 2006,
Decided On : FEBRUARY 3, 2009
The court balanced equities and considered the progressive increase of rents in confirming the interim order of stay on the ejectment, with the condition of increased rent payment by the tenant until the disposal of the civil revision petition.
Headnote:
Ejectment - Tenant's Rent - The court confirmed the interim order of stay on the ejectment, with the condition that the tenant pays increased rent until the disposal of the civil revision petition, taking into account the progressive increase of rents.
Fact of the Case:
The tenant faced an order of ejectment and was running a business in the premises. The landlord sought vacation of the order of stay and determination of mesne profits payable by the tenant.
Finding of the Court:
The court balanced equities and confirmed the interim order of stay, directing the tenant to pay increased rent until the disposal of the civil revision petition, with the threat of automatic vacation of the stay order in case of default in rent payment.
Issues: Ejectment, Vacation of Stay Order, Determination of Mesne Profits, Rent Payment
Ratio Decidendi: To balance equities and considering the progressive increase of rents, the court confirmed the interim order of stay on the ejectment, with the condition of increased rent payment by the tenant until the disposal of the civil revision petition.
Final Decision: The tenant was directed to pay increased rent until the disposal of the civil revision petition, failing which the order of stay would stand automatically vacated.
K.Kannan, J.
1. The tenant has suffered an order of ejectment dated 18.9.2004. He is reported to be running a business in the premises. The rent was found payable at Rs. 700/- per month and in respect of the order of ejectment, by virtue of operation of interim order of stay, the landlord has not been able to execute the order.
2. The landlord has sought for vacation of the order of stay and has also sought for determination of mesne profits payable by the tenant.
3. Having regard to the prospect of the case being delayed in its disposal by the pendency before this Court, to balance equities and taking judicial notice of the progressive increase of rents, I direct that the interim order of stay granted already shall stand confirmed till the disposal of the civil revision petition, on condition that the tenant pays at the rate of Rs. 2000/- per month from the date of the initial order of ejectment on 18.9.2004 till the date of filing of the petition by the landlord namely on 14.7.2008. Thereafter, the rent that shall become payable by the tenant shall be Rs. 3000/- per month till the disposal of the civil revision petition. Any payments already made by the tenant during the relevant period mentioned above or any amount already deposited shall be duly adjusted against the amounts that shall become payable by virtue of this orders.
4. The tenant shall pay the arrears of rent concluded on the above basis on or before 31.3.2009 and continue to pay the rent at the rate of Rs. 3000/- per month and for the subsequent periods, without any default, within the first days of every succeeding months, failing which the order of stay shall stand automatically vacated without any further reference to this Court.
5. Palace a photocopy of this order in the file relating to CM No. 5113 of 2008 in Civil Revision No. 2957 of 2006.
