VidhiSangh

Supreme Court of India · 09/11/2022

SUMER CORPORATION versus VIJAY ANANT GANGAN & ORS.

[2022] 9 S.C.R. 690 · 2022 INSC 1188

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Summary

An eviction decree was passed for leased land at Worli, Mumbai. The Bombay High Court stayed it in revision on condition that the tenant pay Rs 2.5 lakh a month. It reached that figure as a 6.5% return on the Rs 5.5 crore that the transferee lessor had paid for the property in 2008. The Supreme Court held that method wrong. Under Atma Ram Properties and Super Max International, compensation while an eviction decree is stayed is the rent the landlord could have earned by letting the premises had the tenant vacated. The price at which the landlord acquired the property is not the measure. The matter was remitted to the High Court, with Rs 2.5 lakh a month to be deposited in the interim.

Issues

  1. Whether, as a condition for staying an eviction decree in revision, the High Court could fix compensation for use and occupation as a 6.5% annual return on the price at which the landlord acquired the property.

Held

Result

Civil Appeal No. 7774 of 2022 partly allowed; the Bombay High Court's order dated 05.11.2020 in Civil Revision Application No. 357 of 2017 fixing compensation at Rs 2,50,000 per month set aside and the matter remitted for fresh determination, with interim deposit of at least that sum; no costs.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 690.