Case Note & Summary
The dispute arose from a special leave petition filed by the trustees of the Gouri Devi Trust against an order of the High Court at Calcutta, which had dismissed their appeal regarding unauthorized occupation of premises by B.Majumdar Samajpati & Sons Hotels Pvt. Ltd. The petitioners owned a property at 95A Chittaranjan Avenue, Calcutta, which was let out to the respondent for hotel operations. The petitioners filed a suit seeking a decree for Rs.12 lakhs, mandatory and perpetual injunction, recovery of possession, and damages for mesne profits. An Advocate Commissioner was appointed to inspect the premises, revealing unauthorized alterations and usage of the terrace for hotel operations. The trial court and appellate court rejected the petitioners' application for additional rent due to a lack of prima facie evidence in their favor. The Supreme Court, while not delving into the merits of the case, ordered the respondent to deposit Rs.25,000/- monthly as interim rent, emphasizing that this would not affect the final determination of the tenancy rights. The court referenced a previous decision but noted it was not applicable for the current order. The petition was disposed of with the modification of the High Court's order to include the rent deposit requirement.
Headnote
A) Tenancy Law - Unauthorized Occupation - Interim Rent Deposit - Code of Civil Procedure, 1908, Order 39 - The court directed the respondent to deposit Rs.25,000/- per month as interim rent for unauthorized use of the terrace and makeshift arrangements pending final decision on tenancy rights. The court emphasized that this order does not preclude the final determination of the tenancy issue (Paras 6-7).
Issue of Consideration
Whether the respondent should be directed to deposit rent for unauthorized use of the terrace and makeshift arrangements.
Final Decision
The Supreme Court directed the respondent to deposit Rs.25,000/- per month in court as interim rent for unauthorized use of the terrace and makeshift arrangements, with the first deposit due by 15th April 2008. The court clarified that this order does not affect the final determination of tenancy rights.
Law Points
- Tenancy rights
- Interim relief
- Unauthorized occupation
- Rent deposit
- Advocate Commissioner report
