2009 INSC 0098
                                    SUPREME COURT OF INDIA

                                                  Md. Iqbal

                                                      Vs.

                                                  Atma Ram

                                            C.A.No.316 of 2009

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  19.01.2009

                                                   ORDER

Leave granted.

1. Heard learned counsel for the parties.

2. By the impugned order, the High Court has, during the pendency of the Writ Petition filed
by the landlord-respondent No.1 against the judgment of Additional District Judge,
Saharanpur who set aside the eviction order passed by prescribed authority, directed the
tenant-petitioner to pay rent at the rate of Rs. 2100/- per month in respect of the tenanted
premises. The effect of this order is that the petitioner, who was paying Rs. 150/- per month
will have to pay Rs. 2100/- per month.

3. At the hearing, the learned counsel appearing on behalf of the respondent stated that the
impugned order may be set aside and the High Court may be directed to dispose of the writ
petition. We are also of the view that, in the facts and circumstances of the present case, the
High Court should not have ordered payment of rent at the rate of Rs. 2100/- per month in
place of Rs. 150/- per month. Accordingly, the appeal is allowed and the impugned order is
set aside. The High Court shall now dispose of the writ petition in accordance with law.

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