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NON REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4760 OF 2008
(Arising out of SLP)No.20345 of 2007)
Sadhu Ram ...Appellant
VERSUS
Parminder Singh ...Respondent
O R D E R
1. Leave granted.
2. This appeal is directed against an order
dated 24th September, 2007 passed by a learned
Judge of the High Court of Punjab and Haryana at
Chandigarh in Civil Revision Petition No.3494 of
2007 whereby the High Court had dismissed the
revision petition filed by the tenant/appellant.
An eviction proceeding was initiated
against the appellant in respect of a shop on
the ground floor of Shop-cum-Flat NO.5 Sector
20-C, Chandigarh in which the appellant was
inducted as a tenant at a monthly rental of
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Rs.500/- per month by the respondent.
Subsequently, in the month of April, 2007, an
eviction petition was filed by the
respondent/landlord on the ground of personal
need which was allowed by Rent Controller and
against the said order of Rent Controller, an
appeal was filed before the Appellate Authority
which is still now pending. During the pendency
of the appeal before the Appellate Authority,
the landlord filed an application for
determination of the provisional rent/mesne
profits inter alia claiming rent @ Rs.58
sq.ft/Rs.55 sq. ft. The Appellate Authority on
the said application for determination
determined the provisional rent/mesne profits @
Rs.59/-sq. ft (Rs.9600/- per month) and feeling
aggrieved by such determination, the appellant
had filed a revision petition which was
dismissed by the impugned order.
Feeling aggrieved by the aforesaid order of
the High Court passed in the revision petition
affirming the order of the Appellate Authority,
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a special leave petition was filed which on
grant of leave was heard in presence of the
learned counsel for the parties.
Having heard the learned counsel for the
parties and considering the facts and
circumstances of the present case and
particularly considering the fact that the
appellant had been using the premises in
question for commercial purpose, we are of the
view that the order of the Appellate Authority
can be modified by directing the appellant to
pay Rs.5,000/- per month provisionally till the
disposal of the appeal pending before the
Appellate Authority. Accordingly, we dispose of
this appeal by directing the appellant to pay or
deposit at the rate of Rs.5000/- as provisional
rent/mesne profits every month till the disposal
of the appeal now pending before the Appellate
Authority. The Appellate Authority is directed
to dispose of the appeal at an early date
preferably within three months from the date of
supply of a copy of this order.
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The appeal is thus disposed of. There will
be no order as to costs.
…………………………………….J.
[Tarun Chatterjee]
New Delhi; …………………………………………J
August 1, 2008. [Aftab Alam]