BHARAT DEEP SETHI versus SONIA TAK.KAR

Without going into the merits, the Court directed the appellant-tenant to pay Rs.40,000/- per month from June 2017 towards use and occupation, set aside the impugned High Court interim orders, and remitted the matter back to the High Court for fresh consideration of the revision petition, with all contentions left open.

Parties: Appellant Tenant: Bharat Deep Sethi; Respondent Landlord: Sonia Takkar
Jurisdiction: India
Judgment Date: 12 October 2017
Procedural Posture: Civil Appeal / Appeal Against Interim Orders of High Court in Rent Control Revision
Outcome: Appeals disposed of; impugned interim orders set aside; matter remitted to High Court.
Legal Topics: Eviction, Interim Orders, Leave to Defend

Rent Control Property Law Eviction Interim Orders Leave to Defend

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Parties

Bharat Deep Sethi

Appellant Tenant

Sonia Takkar

Respondent Landlord

Procedural Posture

Civil Appeal / Appeal Against Interim Orders of High Court in Rent Control Revision

Legal Issues

1 Whether the interim rent fixed by the High Court was excessive
2 Whether the tenant should be given opportunity to contest eviction on merits

Ratio Decidendi

Court Disposition

Appeals disposed of; impugned interim orders set aside; matter remitted to High Court.

Orders

Appellant-tenant to pay Rs.40,000/- per month from June 2017 to respondent-landlord towards use and occupation
Arrears at Rs.40,000/- per month from June 2017 to be paid within four weeks after deduction of already paid amounts