THE STATE OF MAHARASHTRA & ANR. versus M/S. SUPER MAX INTERNATIONAL PVT. LTD. & ORS.

Citation: [2009] 13 S.C.R. 801 · Decided: 27-08-2009 · Supreme Court of India · Bench: B.N. AGRAWAL · Disposal: Dismissed

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2009) 13 (ADDL.) S.C.R. 801 
~=} 
THE STATE OF MAHARASHTRA & ANR. 
A 
v. 
M/S. SUPER MAX INTERNATIONAL PVT. LTD. & ORS. 
(Civil Appeal No. 5835 of 2009) 
AUGUST 27, 2009 
B 
[B.N. AGRAWAL, G.S. SINGHVI AND AFTAB ALAM, JJ.] 
......_ 
Rent Control - Bombay Rents, Hotel and Lodging House 
Rates Control Act, 1947 - ss.13(3)(a) and 13(1)(g) - Suit for 
ejectment of appellant-tenant - Decreed - Revision petition c 
- High Court passed interim order staying execution of 
"decree subject, however, to the condition that appellant would 
deposit monthly rent at a rate higher than the contractual rent 
..... 
from the date of decree - Condition on which stay granted -
Challenged - Held: In an appeal/revision preferred by tenant D 
_. 
.Ji( 
against order/decree of eviction passed under the Rent Act, 
it is open to appellate/revisional Court to stay execution of the 
order/decree on terms, including a .direction to pay monthly 
rent at a rate higher than contractual rent - However, in fixing 
the amount subject to payment of which execution of order/ E 
decree is stayed, Courts to exercise restraint and not fix any 
excessive, fanciful or punitive amount - On facts, High Court 
fixed the amount with reference to Stamp Duty Ready 
- >--
Reckoner and hence, its reasonableness cannot be doubted 
- However,· in case eviction decree set aside, status quo ante 
F 
would be restored and ·appellant would be entitled to get back 
all amounts that he \:\'BS made to pay in excess of the 
contractual rent - Interim order - Legality of. 
Appellant was in occupation of a building floor on a 
G 
monthly rent of about Rs.5,000/-. The Trial Court and 
·i 
Appellate Court decreed suit for ejectment of appellant on 
grounds of (i) default in payment of taxes and water 
charges and (ii) reasonable and bona fide need of the 
landlords (Respondents 1 to 3) for their own use and 
801 
H 
802 
SUPREME COURT REPORTS [2009] 13 (ADDL.) S.C.R. 
A occupation, i.e under section 13(3)(a) and 13(1)g) of the 
+--
Bombay Rents, Hotel and Lodging House Rates Control 
Act, 1947. The appellant filed revision petition before High 
Court challenging the order of ejectment. The High Court 
stayed execution of decree subject, however, to the 
B condition that appellant would deposit an amount of Rs. 
5,40,000/- as monthly rent commencing from date of 
decree passed by Trial Court. Aggrieved by the condition, 
the appellant filed the present appeal. 
c 
The question which arose for consideration in the 
present appeal is whether in an appeal or revision 
preferred by a tenant against a order or decree of eviction 
-passed under the Rent Act, it is open to the appellate or 
the revisional Court to stay the execution of the order or 
the decree on terms, including a direction to pay monthly 
~
D rent at a rate higher than the contractual rent. 
.... 
)( 
' '\ 
Dismissing the appeal, the Court 
""'" 
HELD: 1.1. There is a need for a more balanced and 
E objective approach to the relationship between the 
. landlord and tenant. This is not to say that the Court 
should lean in favour of the landlord but merely that there 
is no longer any room for the assumption that all tenants, 
as a class, are in dire circumstances and in desperate 
~-
F need of the Court's protection under all circumstances. 
[Para 43] [832-G-H; 833-A-B] 
, 
1.2. The interim order of the High Court asking the 
appellant to deposit Rs.5,40,000/- from the date of the 
decree as condition for stay of the execution of the decree 
G of ejectment has to be seen as one single package. The 
appellant may or may not accept the order as a whole. 
)--. 
But it is not open to it to accept the order in so far as it 
stays the execution of the decree and to question the 
condition attached to it. In an appeal or revision, stay of 
H 
STATE OF MAHARASHTRA & ANR. v. SUPER MAX 803 
INTERNATIONAL PVT. LTD. 
,..., )--
execution of the decree(s) passed by the court(s) below A 
cannot be Clsked for as of right. While admitting the 
appeal or revision, it is perfectly open to the ~ourt, to 
decline to grant any stay or to grant stay subject to some 
reasonable condition. In case stay is not granted or in 
case the order of stay remains inoperative for failure to 
B 
satisfy the condition subject to which it is granted, the 
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tenant-in-revision will not have the protection of any of 
the provisions under the Rent Act and in all likelihood 
would be evicted before the revision is finally decided. In 
the event the revision 

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