Case Note & Summary
The dispute arose from a civil suit filed by the appellants against the respondent regarding the payment of rent for two premises. The appellants filed an application under Section 151 of the Code of Civil Procedure, 1908, seeking a direction for the defendant to pay enhanced rent during the pendency of the suit. The trial court rejected this application, a decision that was upheld by the High Court. During the hearing of the appeals, the respondent's counsel proposed to pay specific amounts as rent, which the appellants' counsel accepted. Consequently, the Supreme Court disposed of the appeals by directing the respondent to pay the agreed amounts as rent/compensation, starting from 5th April 2009, and subject to the outcome of the ongoing civil suit. The court appreciated the efforts made by the respondent's counsel in reaching an amicable settlement.
Headnote
A) Civil Procedure - Rent Compensation - Direction for Payment - Code of Civil Procedure, 1908, Section 151 - The appellant sought a direction for the defendant to pay enhanced rent during the pendency of the Civil Suit. The court disposed of the appeals by directing the respondent to pay specified amounts as rent/compensation, acknowledging the amicable settlement reached between the parties. Held that the respondent is to pay the amounts commencing from 5th April 2009, subject to the result of the pending suit (Paras 4-6).
Issue of Consideration
Whether the respondent should pay enhanced rent/compensation during the pendency of the Civil Suit.
Final Decision
The Supreme Court disposed of the appeals by directing the respondent to pay Rs. 31,656.04 and Rs. 38,961.08 as rent/compensation for the two premises, commencing from 5th April 2009, subject to the result of the pending Civil Suit.
Law Points
- Civil Procedure
- Rent Compensation
- Amicable Settlement
