NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4760 OF 2008

(Arising out of SLP©No.20345 of 2007)

Sadhu Ram  …Appellant VERSUS Parminder Singh           …Respondent

O R D E R

1. Leave granted.

2. This  appeal  is  directed  against  an  order

dated 24th September, 2007 passed by a learned

Judge of the High Court of Punjab and Haryana at

Chandigarh in Civil Revision Petition No.3494 of

2007 whereby the High Court had dismissed the

revision petition filed by the tenant/appellant.

An  eviction  proceeding  was  initiated

against the appellant in respect of a shop on

the ground floor of Shop-cum-Flat NO.5 Sector

20-C,  Chandigarh  in  which  the  appellant  was

inducted  as  a  tenant  at  a  monthly  rental  of

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Rs.500/-  per  month  by  the  respondent.

Subsequently, in the month of April, 2007, an

eviction  petition  was  filed  by  the

respondent/landlord  on  the  ground  of  personal

need which was allowed by Rent Controller and

against the said order of Rent Controller, an

appeal was filed before the Appellate Authority

which is still now pending. During the pendency

of the appeal before the Appellate Authority,

the  landlord  filed  an  application  for

determination  of  the  provisional  rent/mesne

profits  inter  alia claiming  rent  @  Rs.58

sq.ft/Rs.55 sq. ft. The Appellate Authority on

the  said  application  for  determination

determined the provisional rent/mesne profits @

Rs.59/-sq. ft (Rs.9600/- per month) and feeling

aggrieved by such determination, the appellant

had  filed  a  revision  petition  which  was

dismissed by the impugned order.

Feeling aggrieved by the aforesaid order of

the High Court passed in the revision petition

affirming the order of the Appellate Authority,

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a  special  leave  petition  was  filed  which  on

grant  of  leave  was  heard  in  presence  of  the

learned counsel for the parties.

Having  heard  the  learned  counsel  for  the

parties  and  considering  the  facts  and

circumstances  of  the  present  case  and

particularly  considering  the  fact  that  the

appellant  had  been  using  the  premises  in

question for commercial purpose, we are of the

view that the order of the Appellate Authority

can be modified by directing the appellant to

pay Rs.5,000/- per month provisionally till the

disposal  of  the  appeal  pending  before  the

Appellate Authority. Accordingly, we dispose of

this appeal by directing the appellant to pay or

deposit at the rate of Rs.5000/- as provisional

rent/mesne profits every month till the disposal

of the appeal now pending before the Appellate

Authority. The Appellate Authority is directed

to  dispose  of  the  appeal  at  an  early  date

preferably within three months from the date of

supply of a copy of this order.  

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The appeal is thus disposed of. There will

be no order as to costs.

   .……………………………………J.    [Tarun Chatterjee]

New Delhi; …………………………………………J August 1, 2008. [Aftab Alam]

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