Case Note & Summary
The case arises from an eviction suit filed by the respondent-landlord against the appellant-tenant regarding a property comprising a basement and second floor in Delhi. The Trial Court decreed eviction and awarded damages at Rs.20,000 per month from 17 January 2008 until possession, along with a permanent injunction. The tenant appealed to the High Court, which granted a conditional stay on 27 August 2018 requiring payment of damages at Rs.7,500 per month from 17 January 2008 to 31 December 2017 and Rs.15,000 per month thereafter, with 6% interest on delay. The tenant failed to comply, leading the High Court to vacate the stay on 4 December 2018. The tenant then appealed to the Supreme Court. During the proceedings, the Supreme Court directed the tenant to deposit arrears of Rs.10,80,000 and continue paying Rs.15,000 per month. The tenant complied, depositing the amount without prejudice. Meanwhile, the landlord took possession of the basement via execution. The Supreme Court considered whether the stay should be restored. It held that since the tenant had deposited the arrears and continued monthly payments, the stay should be restored for the second floor, which remained in the tenant's possession. The Court directed the tenant to pay Rs.6,000 per month for the second floor until the appeal's disposal, and allowed the landlord to withdraw the deposited amounts subject to the appeal's outcome. The appeal was allowed with these directions.
Headnote
A) Civil Procedure - Conditional Stay - Compliance with Court Orders - The High Court vacated stay on eviction decree due to tenant's non-compliance with conditional order to pay damages - Supreme Court restored stay after tenant deposited arrears and continued monthly payments - Held that substantial compliance and deposit of arrears warranted restoration of stay pending appeal (Paras 5-8). B) Property Law - Mesne Profits - Damages for Use and Occupation - Trial court awarded damages at Rs.20,000 per month; High Court reduced to Rs.7,500 for past period and Rs.15,000 from 2018 - Supreme Court directed tenant to pay Rs.6,000 per month for second floor after landlord took possession of basement - Held that interim damages should reflect actual occupation (Paras 3, 9).
Issue of Consideration
Whether the High Court was justified in vacating the stay granted to the tenant due to non-compliance with the conditional order, and whether the stay should be restored pending appeal.
Final Decision
The Supreme Court set aside the High Court's order vacating the stay and restored the stay in favor of the appellant-tenant qua the second floor. The appellant was directed to pay Rs.6,000 per month for use and occupation of the second floor until disposal of the appeal. The respondent was permitted to withdraw the deposited amounts subject to the final outcome of the appeal. No costs.
Law Points
- Conditional stay
- compliance with court orders
- damages for use and occupation
- interim relief pending appeal
