NON-REPORTABLE  

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO._______ OF 2008 (arising out of SLP(C)NO.7251/2007)

PROMOD KUMAR & ANR. ....APPELLANTS

VERSUS

RAM PALAT ....

RESPONDENT

O R D E R

1. Leave granted.

2. This  is an appeal arising out of interim order dated 26th October,

2006 and order dated 8th February, 2007 both passed by a learned Judge

of the High  Court  of Judicature at Allahabad in Civil  Misc. Writ  Petition

No.30272  of  1998  and  Modification  Application  No.260414  of  2006

respectively.

3. We  have  heard  learned  counsel  for  the  parties  and  examined

impugned orders as well as other materials on record.  From the impugned

orders, we find that the rate of rent payable by the tenants was Rs.25/- per

month,  which  has been increased by  the High  Court  to Rs.1500/-  per

month from October, 2006.  Admittedly, the landlord (respondent herein)

was the writ petitioner before the High Court, in which he has challenged

the order of the Appellate Authority, by which the Appellate Authority had

set aside the order of eviction passed by the prescribed Authority.  

::2::

4. In view of the above, we are of the view that the High Court was not

justified in increasing the rate of rent from Rs.25/- to Rs.1500/- in a petition

filed by the landlord challenging the order of the Appellate Authority setting

aside the eviction order passed by the prescribed Authority.  Impugned

orders of the High Court are accordingly set aside and the Civil Appeal is

disposed of with no order as to costs.  The High Court is requested to

dispose of the pending writ petition filed by the landlord within a period of

three months from the date of supply of a copy of this order to the High

Court,  without  granting  any  unnecessary  adjournment  to  either  of  the

parties.

……….........................J. (TARUN CHATTERJEE)          

……….........................J. (AFTAB ALAM)

NEW DELHI, SEPTEMBER 03, 2008