Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO._______ OF 2008
(arising out of SLP(C)NO.7251/2007)
PROMOD KUMAR & ANR. ....APPELLANTS
VERSUS
RAM PALAT ....
RESPONDENT
O R D E R
1. Leave granted.
th
2. This is an appeal arising out of interim order dated 26 October,
th
2006 and order dated 8 February, 2007 both passed by a learned Judge
of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition
No.30272 of 1998 and Modification Application No.260414 of 2006
respectively.
3. We have heard learned counsel for the parties and examined
impugned orders as well as other materials on record. From the impugned
orders, we find that the rate of rent payable by the tenants was Rs.25/- per
month, which has been increased by the High Court to Rs.1500/- per
month from October, 2006. Admittedly, the landlord (respondent herein)
was the writ petitioner before the High Court, in which he has challenged
the order of the Appellate Authority, by which the Appellate Authority had
set aside the order of eviction passed by the prescribed Authority.
::2::
4. In view of the above, we are of the view that the High Court was not
justified in increasing the rate of rent from Rs.25/- to Rs.1500/- in a petition
filed by the landlord challenging the order of the Appellate Authority setting
aside the eviction order passed by the prescribed Authority. Impugned
orders of the High Court are accordingly set aside and the Civil Appeal is
disposed of with no order as to costs. The High Court is requested to
dispose of the pending writ petition filed by the landlord within a period of
three months from the date of supply of a copy of this order to the High
Court, without granting any unnecessary adjournment to either of the
parties.
……….........................J.
(TARUN CHATTERJEE)
……….........................J.
(AFTAB ALAM)
NEW DELHI,
SEPTEMBER 03, 2008