- (1.) Heard learned Counsel for the parties. Learned Counsel for the parties agree that the present writ petition may be disposed of at this stage without calling for counter-affidavit, specifically in view of the order proposed to be passed today.
(2.) The 2nd Additional Civil Judge, Kanpur Nagar while granting the release application on 5th May, 2009 had fixed Rs. 4,600/- per month as damages for pendente lite and future use. Against the release order, the petitioner who the tenant filed an appeal No. 109 of 2009 under section 23 of Act No. 13 of 1972. Along with the memo of appeal he also filed an interim stay application. The Appellate Court has granted conditional interim stay order dated 23rd January, 2010. It has been provided that petitioner shall pay a sum of Rs. 9,000/- per month as rent during the pendency of the appeal. It has been recorded that according to the report of the Engineer and the Circle Rate applicable, the rent of the premises in question would work out to Rs. 9,233/- and therefore, a rent of Rs. 9,000/- per month was reasonable.
(3.) Learned Counsel for the petitioner submits that such fixation of rent at the interim stage is not called for, it is also exorbitant. He submits that authority granting the release application found that the sum of Rs. 4,600/- per month was just and fair as damages for use and occupation of the premises subsequent to the termination of tenancy. Learned Counsel for the petitioner submits that there was little or no justification for interfering with the said rate fixed by the prescribed authority on an appeal filed by the tenant, so as to enhance the same at the interim stage by just double the amount.;