Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.8610 OF 2011

[Arising out of SLP(C) No.6285 of 2010]

Sanjeev Kumar Jain

.......Appellant

Versus

Raghubir Saran Charitable Trust & Ors.

.....Respondents

O R D E R

R.V. Raveendran, J.

Notice had been issued limited to the question whether a sum of `

45,28,000/- could be awarded as costs in an appeal against a vacating

temporary injunction in an injunction suit. Leave is granted in regard to that

aspect only.

2.

The appellant is a tenant under the respondents in regard to a first

floor unit bearing No.E-67, Connaught Place, New Delhi. He was also a

tenant under the respondents in respect of a mezzanine floor unit bearing

No.E-11 of the said building situated below the first floor tenement. When

he was a tenant of both these portions, the respondents granted permission

on 4.7.1986 to the appellant to put up an internal staircase connecting the

mezzanine floor with the first floor. The respondents initiated proceedings

for eviction of the appellant in regard to mezzanine floor unit and obtained

vacant possession thereof. Even after vacating the mezzanine floor unit, the

appell