Case Note & Summary
The case involved a dispute regarding the rate of rent for a shop room occupied by a tenant for over 20 years, who was paying Rs. 250 per month. The landlord sought eviction and arrears of rent amounting to Rs. 1,08,000, proposing a new rent of Rs. 3000 per month during the litigation. The Additional District Judge determined the rent at Rs. 250 per month and calculated arrears at Rs. 14,963.90. The tenant appealed to the High Court, which allowed the appeal in part, remanding the case for a fresh determination of the rent while ordering the tenant to pay Rs. 3000 per month provisionally. The tenant then appealed to the Supreme Court, which found no grounds for interference under Article 136 of the Constitution. The Court upheld the High Court's provisional rent order, emphasizing that it was not binding on the trial court's final decision regarding the rent rate. The appeal was disposed of without costs.
Headnote
A) Rent Law - Rate of Rent - Determination of Rent - Code of Civil Procedure, 1908 - The High Court remanded the case to the trial court to determine the rate of rent while directing the tenant to pay a provisional rent of Rs. 3000 per month. The Supreme Court upheld the High Court's direction, clarifying that the provisional rate should not influence the trial court's final determination (Paras 5-6).
Issue of Consideration
What is the appropriate rate of rent for the shop room occupied by the tenant?
Final Decision
The Supreme Court dismissed the tenant's appeal, upholding the High Court's order for provisional rent of Rs. 3000 per month until the trial court's final determination.
Law Points
- Eviction
- Rent Determination
- Provisional Rent
- Jurisdiction of Trial Court
