Case Note & Summary
The case involved an eviction proceeding initiated by a landlord against a tenant regarding a shop in Chandigarh. The tenant, Sadhu Ram, was paying a monthly rent of Rs.500 and was subsequently served with an eviction petition by the landlord, Parminder Singh, on the grounds of personal need. The Rent Controller allowed the eviction petition, leading to an appeal by the tenant that was still pending. During this appeal, the landlord sought a determination of provisional rent, which the Appellate Authority set at Rs.9,600 per month based on a rate of Rs.59 per square foot. The tenant challenged this determination through a revision petition, which was dismissed by the High Court. The Supreme Court, upon hearing the parties, decided to modify the provisional rent to Rs.5,000 per month, considering the commercial use of the premises by the tenant. The court also directed the Appellate Authority to expedite the appeal process, aiming for a resolution within three months. The appeal was disposed of without any order as to costs.
Headnote
A) Rent Control - Provisional Rent - Modification of Provisional Rent - Rent Control Act, 1958 - The court modified the provisional rent determined by the Appellate Authority, directing the appellant to pay Rs.5,000/- per month until the appeal's disposal. The decision was based on the appellant's use of the premises for commercial purposes and the need for timely resolution of the appeal (Paras 2-3).
Issue of Consideration
Whether the provisional rent determined by the Appellate Authority should be modified during the pendency of the appeal.
Final Decision
The Supreme Court modified the provisional rent to Rs.5,000 per month, directing the tenant to pay this amount until the appeal's disposal. The Appellate Authority was instructed to resolve the pending appeal within three months.
Law Points
- Eviction proceedings
- Provisional rent determination
- Personal need of landlord
- Rent Control Act principles
