Case Note & Summary
The case involved a civil appeal by the appellants-tenants against an order of the Additional District and Sessions Judge regarding the fixation of provisional rent. The original rent was set at Rs. 500/- per month, but the judge proposed an increase to Rs. 1 lac per month. The Supreme Court, upon hearing both parties, determined that the interim order was necessary while the civil suit No. 61/2002 was pending. The court decided to fix the ad hoc rent at Rs. 60,000/- per month, effective from December 2007, to be paid by the tenants to the landlord. This decision was made without prejudice to the rights and contentions of either party in the ongoing civil suit. The court also instructed the civil court to expedite the hearing of the civil suit, aiming for a resolution within nine months, and clarified that the parties should not seek adjournments. The Supreme Court modified the High Court's earlier order accordingly and disposed of the civil appeal without costs.
Headnote
A) Civil Procedure - Provisional Rent - Fixation of Interim Rent - Code of Civil Procedure, 1908, Order XIV Rule 5 - The court fixed ad hoc rent at Rs. 60,000/- per month pending the hearing and final disposal of civil suit No. 61/2002, considering valuation reports and location of premises. The court directed the civil court to examine evidence and refix rent in accordance with law, emphasizing the need for expeditious disposal of the civil suit (Paras 1-3).
Issue of Consideration
Whether the Additional District and Sessions Judge was justified in fixing provisional rent at Rs. 1 lac per month from Rs. 500/- per month.
Final Decision
The Supreme Court modified the provisional rent to Rs. 60,000/- per month, effective from December 2007, and directed the civil court to expedite the hearing of civil suit No. 61/2002 within nine months without adjournments.
Law Points
- Provisional rent fixation
- interim orders
- civil suit expeditious disposal
