IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.7194-7195 OF 2008 (Arising out of S.L.P.(C) Nos.28465-28466/2008)

E.U. Siddiqui ...Appellant(s)

Versus

Parvez Zafar Sarkar ...Respondent(s)

O R D E R

Leave granted.

Tenant has filed these appeals challenging para 19 of the impugned order of

the High Court, dated 21st August, 2008.  In the present case, the tenant was sought to

be evicted on the ground of arrears of rent.  There is a concurrent finding that the

tenant has deposited the arrears of rent on the first date of hearing.  This finding is

not under challenge in the appeals.  What is challenged in these appeals is that in the

eviction  proceedings,  the  High  Court  has  increased  the  rent  from  Rs.500/-  to

Rs.6,000/- with retrospective effect.  It is the case of the tenant that increase in rent

was never in issue before the High Court. It is the case of the tenant that there is no

basis  for  increase  in  the  rent.   We  find  merit  in  these  contentions.   In  the

circumstances, para 19 of the impugned order of the High Court is set aside.   

  ..2/-

CAs....@ SLP.28465-28466/08 contd..

-2-

We are informed that the landlord has also filed a  special leave petition.

That petition is not on Board before us.  It appears that the landlord has challenged

the order of the High Court which stands in favour of the tenant herein.  We express

no opinion on that ground.

Subject to above, Civil Appeals stand allowed with no order as to costs.

                         ...................J.               (S.H. KAPADIA)

                        ...................J.

                                       (B. SUDERSHAN REDDY) New Delhi, December 08, 2008.

ITEM NO.33                 COURT NO.5               SECTION XI

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                      Petition(s) for Special Leave to Appeal (C) Nos.28465-28466/2008

(From the judgement and order dated 21/08/2008 and 16/10/2008 in WP No.33/2007 of the HIGH COURT OF JUDICATURE AT ALLAHABAD AT LUCKNOW)

E.U.SIDDIQUI                                         Petitioner(s)

                     VERSUS

PARVEZ ZAFAR SARKAR                                  Respondent(s)

(With appln(s) for exemption from filing O.T., permission to place addl. documents on record and prayer for interim relief and office report)

Date: 08/12/2008  These Petitions were called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE S.H. KAPADIA         HON'BLE MR. JUSTICE B. SUDERSHAN REDDY

For Petitioner(s) Mr. Shail Kumar Dwivedi,Adv. Ms. Vandana Mishra, Adv.

For Respondent(s) Mr. Jayant Kumar Mehta,Adv. Mr. Mukesh Kumar, Adv. Mr. Sandeep Phogat, Adv. Mr. Arjun Har Kohli, Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

Leave granted.

Appeals are allowed, with no order as to costs, in terms of the signed

order.

         (N. ANNAPURNA)       (VIJAY DHAWAN)         COURT MASTER     COURT MASTER

(Signed order is placed on the file)