2018 (3) TMI 1999 - HC - Indian Laws

Decree for Eviction - validity of order passed by the first Appellate Court on the application for stay that was moved by the respondents during pendency of the appeal filed by them challenging the decree for eviction - amount of occupation charges - HELD THAT:- Considering the fact that in the year 2012 the respondents had offerred an amount of Rs.49/­ per sq. ft. as reasonable rent for the purposes of extension of lease coupled with the fact that as per the ready reckoner the occupation charges as determined by the petitioners come to Rs.1,93,877/­, by taking a prima facie view of the matter I feel the Appellate Court ought to have granted higher amount of occupation charges to be paid by the respondents. Thus taking an overall view of the matter and in the light of the offer made at Exhibit­50 as well as reply filed on behalf of the petitioners to the stay application, the reasonable amount of occupation charges would come to Rs.1,30,000/­ per month to be paid during pendency of the appeal.

The order dated 15/03/2017 is partly modified. It is directed that from March 2018 and during pendency of the appeal the respondents shall pay occupation charges of Rs.1,30,000/­ per month. This amount is determined without prejudice to the rights of the parties.

Petition allowed in part.