AIR 2010 SUPREME COURT 722 ::2009 AIR SCW 7265 ::2010 (1) AIR Bom R 572 ::(2009) 2 WLC(SC)CVL 482 ::(2009) 3 All RentCas 528 ::(2009) 4 CivilCourtC 318 ::2009 (9) SCC 772 ::(2009) 11 Scale 794 ::(2009) 5 AllMR 1001 (SC) ::(2009) 5 Bom CR 556 ::(2009) 2 RenCR 246 ::(2010) 2 Raj LW 1263 ::(2009) 2 RentLR 360

Supreme Court Of India

(From : 2009 (2) Mah LJ 134)

Hon'ble Judge(s): B. N. Agrawal, G. S. Singhvi, Aftab Alam , JJJ

Bombay Rents, Hotel and Lodging House Rates (Control) Act (57 of 1947) , S.29, S.13(3)(a)— (since repealed) Appeal or revision against order of eviction - Preferred by tenant - Court can stay execution of order on terms including a direction to pay monthly rent at rate higher than contractual rent. In an appeal or revision preferred by a tenant against an order or decree of an eviction passed under the Rent Act it is open to the appellate or the revisional Court to stay the execution of the order or the decree on terms, including a direction to pay monthly rent at a rate higher than the contractual @page-SC723 rent. Needless to say that in fixing the amount subject to payment of which the execution of the order/decree is stayed, the Court would exercise restraint and would not fix any excessive, fanciful or punitive amount. Further, if the tenant's appeal/revision is allowed and the eviction decree is set aside, naturally, the status quo ante would be restored and the tenant would be entitled to get back all the amounts that he was made to pay in excess of the contractual rent. That being the position, the amount fixed by the Court over and above the contractual monthly rent, ordinarily, should not be directed to be paid to the landlord during the pendency of the appeal/revision. The deposited amount, along with the accrued inte....