SUNIL KUMAR Vs. SURENDRA KUMAR AGRARWAL

JUDGEMENT

(1.) LEAVE granted in both petitions. Heard the learned counsel for the parties. CA NO. 5883 OF 2008 (Arising out of SLP (C)No. 1401 of 2007)

(2.) THE appellant is a tenant in regard to a shop. The rent was Rs. 80/-per month. The eviction petition filed by the respondent - landlord against the appellant was rejected on 18. 10. 2003. However, the Revisional Court allowed the revision of the landlord and granted eviction on 19. 10. 2004. Feeling aggrieved the tenant filed a writ petition before the High Court.

(3.) IN Niyas Ahmad Khan vs. Mahmood Rahmat Ullah Khan [2008 (7)SCC 539], this Court has held that the High Court cannot arbitrarily increase the rent as has been done in this case. Following the said decision, these appeals are allowed and the impugned orders of the High Court are set aside. It is, however, made clear that this order will not come in the way of the landlord-respondent making appropriate application in regard to non-payment of rents, or the High Court imposing reasonable conditions as mentioned in para 9 in Niyas Ahmad Khan (supra ).