Case Note & Summary
The case involves an interim application filed by the respondent-landlord in a pending civil revision application arising from an eviction suit. The landlord sought a direction that the tenant-applicant pay monthly compensation at the rate of Rs.70,000 from the date of the trial court decree, pending the final disposal of the revision. The landlord relied on the Supreme Court's decision in Atma Ram Properties (P) Ltd. v. M/s. Federal Motors (P) Ltd., which held that a tenant continuing in possession pending appeal must pay compensation or mesne profits for use and occupation. The court considered the submissions and allowed the application, directing the tenant to pay Rs.70,000 per month from the date of the trial court decree until further orders. The court did not specify the date of the trial court decree or the exact amount of arrears, but ordered payment of the monthly amount regularly.
Headnote
A) Civil Procedure - Mesne Profits - Compensation Pending Appeal - Section 144, Section 151, Order 41 Rule 5 CPC - Landlord sought monthly compensation of Rs.70,000 from tenant from date of trial court decree pending appeal - Court allowed application, holding that tenant must pay compensation as per Atma Ram Properties ratio, which mandates payment of compensation or mesne profits for use and occupation during pendency of appeal (Paras 1-3).
Issue of Consideration
Whether the landlord is entitled to monthly compensation from the tenant pending appeal in an eviction suit, and at what rate.
Final Decision
Interim Application is allowed. The tenant is directed to pay monthly compensation of Rs.70,000 from the date of the trial court decree until further orders.
Law Points
- Mesne profits
- compensation pending appeal
- tenant's liability
- Section 144 CPC
- Section 151 CPC
- Order 41 Rule 5 CPC
- Atma Ram Properties ratio
Case Details
2024 LawText (BOM) (01) 178
Interim Application No. 15729 of 2023 in Civil Revision Application No. 646 of 2012
Ms. Panthi Desai i/b. Vashi & Associates for Applicant in CRA, D. K. Shukla i/b. D. D. Singh for Respondent
Brijbhushan Chandrabali Shukla
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Nature of Litigation
Interim application in civil revision arising from eviction suit
Remedy Sought
Landlord seeks monthly compensation of Rs.70,000 from tenant from date of trial court decree pending appeal
Filing Reason
Tenant continued in possession after eviction decree; landlord seeks compensation for use and occupation
Previous Decisions
Trial court passed eviction decree; tenant filed civil revision which is pending
Issues
Whether landlord is entitled to monthly compensation pending appeal
What should be the rate of compensation
Submissions/Arguments
Landlord argued that as per Atma Ram Properties, tenant must pay compensation for use and occupation pending appeal
Tenant's submissions not recorded in judgment
Ratio Decidendi
A tenant continuing in possession pending appeal must pay compensation or mesne profits for use and occupation at a rate determined by the court, following the ratio in Atma Ram Properties.
Judgment Excerpts
This Interim Application has been filed by Respondent/Landlord seeking a relief of monthly compensation payable @ Rs.70,000/- from passing of the Trial Court decree, by the Tenant, as per the ratio laid down by Supreme Court in Atma Ram Properties (P) Ltd. v. M/s. Federal Motors (P) Ltd.
Procedural History
Trial court passed eviction decree against tenant. Tenant filed Civil Revision Application No. 646 of 2012 which is pending. Landlord filed Interim Application No. 15729 of 2023 seeking monthly compensation pending revision.
Acts & Sections
- Code of Civil Procedure, 1908: Section 144, Section 151, Order 41 Rule 5
