ROOP NARAYAN Vs. KM DAMYANTI MANUCHA AND

JUDGEMENT

(1.) POONAM Srivastav, J. Heard learned counsel for the petitioner.

(2.) THIS writ petition has been filed at the instance of the tenants. S. C. C. Suit No. 13 of 1981, Km. Damyanti v. Roop Narain and others was instituted on 6. 3. 1981 for ejectment and arrears of rent.

(3.) GRIEVANCE of the petitioners-tenant is that while dismissing the revision, the Additional District Judge fixed rent at the rate of Rs. 1,000 with a direction that difference in the rent is payable w. e. f. 6. 3. 1981 up till date of judgment in the revision, i. e. , 29. 5. 2007. While doing so, the revisional court placed reliance on a decision of the Apex Court Atma Ram Properties (P.) Ltd. v. Federal Motors (P.) Ltd. , (2005) 1 SCO 705. The Apex Court held that grant of stay is equitable in nature, therefore, depending on the facts of a given case, an appellate court while passing an order of stay can very well impose such terms and conditions, which would satisfy the demand of justice. It was held that the power to grant stay in an appeal under Order XLI, Rule 5, C. P. C. is discretionary, therefore, on equitable consideration, rent could be enhanced and certain conditions can very well be imposed. What weighed with the revisional court while enhancing rate of rent was that the shop was in tenancy of the tenant since the year 1961, rate of rent after lapse of such a long period has considerably increased, whereas the present suit instituted as far back in the year 1981 is not proceeding for one or other reason. The landlord is getting a meagre amount of Rs. 100 per month.