Kurian, J. - (1.) Leave granted.
(2.) The only surviving dispute is with regard to the use and occupation charges for the period between 12.02.2010 till October 2015 by the appellant to the respondent, after the order of eviction till the property was handed over. The contracted rate of rent was Rs. 5,000/- per month. However, the respondent-landlord had, in fact, requested for fixation of fair rent during the pendency of the proceedings. The High Court took note of the report of the Rent Controller and fixed the rent at Rs. 1,35,800/- per month.
(3.) Having heard the learned counsel on both sides extensively, we find it difficult to appreciate the stand taken by the High Court. However, since we are inclined to invoke our jurisdiction under Article 142 of the Constitution of India and give a quietus to the whole dispute, we do not intend to deal with the matter on merits.;