Case Note & Summary
The case involved an appeal by the appellants against a judgment of the Rajasthan High Court which reversed an order of the Additional District Judge regarding the determination of interim rent under the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. The appellants had purchased two shops and sought eviction of the respondents for non-payment of rent. The Trial Court had determined the interim rent, which was affirmed by the First Appellate Court. The respondents filed a revision petition in the High Court, which was deemed not maintainable. The appellants contended that the High Court should not have entertained the revision petition as it pertained to an interlocutory order. The Supreme Court, while not delving into the merits of the case, ordered that the respondents continue to deposit rent in court monthly, allowing the appellants to withdraw the amount upon providing a bank guarantee until it reached Rs.1,29,000/-. The Court emphasized the need to balance equities between the parties, given the ongoing appeals regarding the refusal of specific performance and the refund of Rs.1,29,000/- to the appellants. The appeal was disposed of without costs.
Headnote
A) Rent Control - Interim Rent Fixation - High Court's Jurisdiction - Rajasthan Premises (Control of Rent & Eviction) Act, 1950, Section 13(3) - The High Court should not have entertained the revision petition as the order of fixation of rent was an interlocutory order. The Supreme Court directed that the respondents continue to deposit rent in court, allowing appellants to withdraw upon furnishing a bank guarantee until the amount reached Rs.1,29,000/- (Paras 1-2).
Issue of Consideration
Whether the High Court should have entertained the revision petition regarding the interim rent fixation.
Final Decision
The Supreme Court disposed of the appeal, directing the respondents to continue depositing rent in court and allowing the appellants to withdraw upon furnishing a bank guarantee until the amount reached Rs.1,29,000/-. No order as to costs.
Law Points
- Interim rent fixation
- Revision petition maintainability
- Specific performance
- Rent deposit arrangement
