AIR 2022 SUPREME COURT 5756 ::AIROnline 2022 SC 836 ::2022 (16) Scale 385

Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, M. M. Sundresh , JJ

(A) Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947) , S.13— Eviction decree - Stay of - Compensation/Mesne profits - In a revision / appeal preferred by tenant, who has suffered an eviction decree, appellate / revisional court while staying eviction decree can direct tenant to pay compensation for use and occupation of tenancy premises upon contractual rate of rent and such compensation for use and occupation of premises would be at same rate at which landlord would be able to let out premises and earn rent if tenant would have vacated premises. Civil P.C. (5 of 1908) , O.41 R.5— 2021 (1) ABR 254, Partly Reversed (Para 7.2) (B) Bombay Rents, Hotel and Lodging House Rates Control Act (57 of 1947) , S.13— Eviction decree - Stay of - Compensation/ Mesne profits - High Court determined compensation considering market value / value at which original respondent acquired rights of suit property for a sum of Rs. 5.50 crores and thereafter, considering estimated return @ 6.5% per annum - High Court determined/awarded compensation for use and occupation of premises by tenant @ Rs. 2,50,000/- per month - High Court was required to undertake exercise and to determine compensation at same rate at which the landlord would be a....