Summary
Pending four special-leave petitions on the governing tenancy law, the Court directed an interim deposit of Rs.5,15,05,512 based on the landlord’s calculations and an unchallenged market valuation. No eviction decree had been passed, and lease forfeiture remained contested. The amount was to be held by the Registry in an interest-bearing deposit, subject to the final outcome; this judgment disposed only of the interim applications.
Issues
- Whether interim market-based occupation-charge protection could be directed without an eviction decree.
- How disputed forfeiture and prolonged alleged non-payment affected interim relief.
- Whether the interim determination resolved the tenancy-law or possession dispute.
Held
- The adjudication concerned only applications for rent/occupation-charge directions. The special-leave petitions challenging the High Court’s view on applicability of the West Bengal tenancy legislation remained pending; that merits question was expressly outside this judgment’s scope. (¶¶ 1, 2, 6, 7, 22, 25)
- The usual Atma Ram line concerned compensation during a stay of an eviction decree. Nevertheless, a tenant continuing after the right to occupy has ended may be liable for mesne profits even though original entry was lawful. Expiry, determination, forfeiture or termination may have similar consequences subject to the particular facts; here the occurrence and effect of forfeiture remained contested. (¶¶ 17.1, 17.2, 17.3, 17.4, 17.5, 18, 19, 20, 21)
- On a prima facie assessment, the central Kolkata location, old contractual rent, alleged prolonged non-payment and defaults, and unchallenged market valuation justified protection through a deposit based on the landlord’s calculation. This was provisional relief subject to final adjudication, not a final declaration terminating the tenancy or awarding the deposited sum to the landlord. (¶¶ 21, 22, 23)
- The respondent must deposit Rs.5,15,05,512 with the Supreme Court Registry within four weeks and file a compliance affidavit within one week thereafter. The Registry must invest it in a short-term interest-bearing fixed deposit. Non-compliance would attract lawful consequences, including those for wilful disobedience. (¶ 23)
- All four interim applications were disposed of on the same terms, with the special-leave petitions directed to appear in July 2024. (¶¶ 24, 25)
Result
Interim applications disposed of: respondent to deposit Rs.5,15,05,512 within four weeks, followed by compliance affidavit within one week. Registry to invest the sum; final entitlement and main SLPs remain pending.