A condition imposed by a revisional court for staying the operation of a decree must be reasonable and should not impose an undue burden on the party seeking the stay.

Court No. - 38

Case :- MATTERS UNDER ARTICLE 227 No. - 11945 of 2022

Petitioner :- Mahboob Ejaj

Respondent :- Mohd Nazim

Counsel for Petitioner :- Sudhir Kumar Malviya,Syed Fahim Ahmed

Counsel for Respondent :- Anshuman Vidhu Chandra,Ram Adhin

Hon'ble Salil Kumar Rai,J.

The present petition has been filed challenging the order

dated 4.11.2022 passed by the Additional District Judge,

Court No. 14, District-Allahabad in S.C.C. Revision No. 64 of

2022 whereby the Revisional Court has stayed the

operation of the decree dated 12.4.2022 passed by the

Small Causes Court, Allahabad in Small Cause Case No. 17

of 2018 (Computer Case No. 16 of 2018) with the condition

that the petitioner-tenant deposits the entire decreetal

amount and continues to pay Rs. 15,000/- per month as

rent to the landlord-respondent during the revision.

The trial court vide its decree dated 12.4.2022 had

awarded damages of Rs. 6,000/- per month to the

respondent-landlord. The S.C.C. Suit was filed with the

averment that the petitioner was a tenant in the suit

property on a rent of Rs. 1,800/- per month.

It has been argued by the counsel for the petitioner that

the condition fixed by the revisional court is unreasonable

in view of the fact that the petitioner was a tenant at the

rate of Rs. 1,800/- per month and the damages awarded by

the trial court was Rs. 6,000/- per month.

Rebutting the argument of the counsel for the petitioner,

the counsel for the respondent has argued that the

condition imposed on the petitioner-tenant to pay Rs.

15,000/- per month is not unreasonable in view of the circle

rate of the area.

It would serve no purpose to keep the petition pending by

calling for a counter affidavit.

It is the admitted case of the respondent-landlord that the

petitioner was a tent in the suit property at the rate of Rs.

1,800/- per month. The trial court after decreeing the

S.C.C. Suit instituted by the landlord-respondent

determined damages at the rate of Rs. 6,000/- per month

to be paid by the petitioner-tenant to the respondent-

landlord till possession of the suit property is handed over

to the respondent-landlord.

In the circumstances, the rent fixed by the revisional court

as Rs. 15,000/- per month as a condition for staying the

operation of the decree dated 12.4.2022 is unreasonable

and is liable to be quashed.

The order dated 4.11.2022 passed by the Additional

District Judge, Court No. 14, District-Allahabad so far as it

directs the tenant-petitioner to pay rent at the rate of Rs.

15,000/- per month as a condition for staying the operation

of the decree dated 12.4.2022 is hereby quashed.

However, the tenant-petitioner shall continue to pay Rs.

6,000/- per month as damages to the respondent-landlord

and shall also pay the entire decreetal amount within two

months from today and in any case by 5.3.2023.

Subject to compliance of the aforesaid condition, the

operation of the order dated 12.4.2022 passed by the

Small Causes Court, Allahabad shall remain stayed during

the pendency of S.C.C. Revision No. 64 of 2022.

It is further directed that the revisional court, i.e., the

Additional District Judge, Court No. 14, District-Allahabad

shall expeditiously decide S.C.C. Revision No. 64 of 2022

without granting any unnecessary adjournment to either

party.

With the aforesaid observations and directions, the petition

is allowed.

Order Date :- 3.1.2023

Anurag/-

Digitally signed by :-

ANURAG KUMAR VERMA

High Court of Judicature at Allahabad