BRIJBHUSHAN CHANDRABALI SHUKLA Vs. MAHENDRA YADAV

JUDGEMENT

(1.) This Interim Application has been filed by Respondent/Landlord seeking a relief of monthly compensation payable @ Rs.70,000.00 from passing of the Trial Court decree, by the Tenant, as per the ratio laid down by Supreme Court in Atma Ram Properties V/s. Federal Motors reported in (2005) 1 SCC 705.

(2.) It is necessary first to examine the ratio laid down by the Supreme Court in the judgment of Atma Ram Properties (Supra).

(3.) Correspondingly, in the matter of Sulochana Jadhav Vs. Jogindersingh Amarsingh (Writ Petition No. 5658 of 2004), in Civil Application No. 688 of 2009, this Court by its order dtd. 4/3/2010, rejected the Civil Application seeking direction against the tenant to deposit the amount of compensation as per the market value of the suit property, filed five years after admission of Writ Petition. The said order dtd. 4/3/2010, reads as under :-