IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.316 OF 2009 (Arising out of S.L.P. (C) No.4507 of 2007)

Md. Iqbal        ...Appellant(s)

Versus

Atma Ram & Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

By the impugned order, the High Court has, during the pendency of the

Writ  Petition  filed  by  the  landlord-respondent  No.1  against  the  judgment  of

Additional  District  Judge,  Saharanpur who set  aside  the eviction order passed by

prescribed authority,  directed  the  tenant-petitioner  to pay  rent  at  the  rate  of  Rs.

2100/- per month in respect of the tenanted premises.  The effect of this order is that

the petitioner, who was paying Rs. 150/- per month will have to pay Rs. 2100/- per

month.

At the hearing, the learned counsel appearing on behalf of the respondent

stated that the impugned order may be set aside and the High Court may be directed

to  dispose  of  the  writ  petition.   We  are  also  of  the  view  that,  in  the  facts  and

circumstances of the present case, the High Court should not have ordered payment

of rent at the rate of Rs. 2100/- per month in place of Rs. 150/- per month.

....2/-

- 2 -

Accordingly,  the appeal is allowed and the impugned order is set aside.

The High Court shall now dispose of the writ petition in accordance with law.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 19, 2009.