Published on: 22 November 2022 at 09:53 IST
Court – Supreme Court of India
Citation – State of Maharashtra v/s Super Max International (2009)
Hon’ble Supreme Court of India has held that the power of the Appellate Court, either in an Appeal or Revision can award the compensation while staying the Decree of Eviction. However, the said compensation shall be reasonable and may not be excessive.
Para – 77
In the light of the discussions made above we hold that in an appeal or revision preferred by a tenant against an order or decree of an 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 rent at a rate higher than the contractual rent.
Needless to say that in fixing the amount subject to payment of which the execution of the order/decree is stayed, the Court would exercise restraint and would not fix any excessive, fanciful or punitive amount.
Drafted By Abhijit Mishra
Key Words – Revisional Court, Restraint, Compensation, Contractual Rent.