Summary
A tenant challenged interim use-and-occupation charges of Rs1.25 lakh per month while his eviction revision remained unheard on the merits. Without resolving the parties’ substantive disputes, the Court substituted Rs40,000 per month from June 2017, remitted the revision for fresh consideration and protected against coercive steps until disposal.
Issues
- What interim payment and procedural directions were appropriate pending the tenant’s revision.
Held
- The High Court had made only interim payment orders without deciding whether the tenant raised a triable issue. The tenant should have an opportunity to advance all contentions in the main revision. (¶¶ 4, 6)
- Rs40,000 per month was directed from June 2017, payable directly to the landlord. Arrears were due within four weeks after deducting payments already made, with continuing monthly payments at that rate. (¶ 5)
- The impugned orders were set aside and the revision remitted for fresh consideration, preferably within three months of receipt. All contentions remained open and the landlord was prohibited from taking coercive steps until final disposal by the High Court. (¶ 6–7)
Result
Appeals disposed of; interim charges substituted at Rs40,000 monthly, revision remitted and protection against coercive steps continued until its final disposal.