Case Note & Summary
The case involved an appeal against an interim order passed by the High Court of Judicature at Allahabad, which had increased the rent payable by the appellant from Rs.100 to Rs.2000 per month during the pendency of a writ petition. The appellant, Jagdish Saran, contested this increase, leading to the Supreme Court's review. The Supreme Court, after hearing the parties, decided to modify the High Court's order, reducing the rent to Rs.1000 per month. The court emphasized that if the appellant failed to deposit the modified amount for two consecutive months, the interim order would be vacated automatically. The Supreme Court directed that the writ petition should be resolved expeditiously, preferably within six months. The appeal was allowed to the extent of modifying the rent amount, and the interim application was disposed of accordingly.
Headnote
A) Civil Procedure - Interim Relief - Modification of Rent Amount - Code of Civil Procedure, 1908 - The Supreme Court modified the interim order of the High Court, reducing the monthly rent from Rs.2000 to Rs.1000 during the pendency of the writ petition. The court held that the appellant should pay Rs.1000 per month instead of the increased amount, with a warning that failure to pay for two consecutive months would vacate the interim order (Paras 2-4).
Issue of Consideration
Whether the High Court was justified in increasing the rent amount during the pendency of the writ petition.
Final Decision
The Supreme Court modified the High Court's interim order, reducing the rent to Rs.1000 per month and stipulated conditions for vacating the order in case of non-payment.
Law Points
- Interim relief
- modification of orders
- rent disputes
