BHARAT DEEP SETHIversusSONIA TAK.KAR

                        [2017] 10 S.C.R. 531


                      BHARAT DEEP SETHI                                 A
                                 v.
                         SONIA TAK.KAR
              (CivilAppeal Nos.16809-16810of2017)
                        OCTOBER 12,2017                                 B

       [R. BANUMATHI AND S. ABDUL NAZEER, JJ.]
        Rent Control and Eviction - Suit for eviction by respondent-
landlord - Application filed by appellant-tenant before Rent
Controller seeking leave to defend, dismissed __: Revision petition
filed by tenant before High Court wherein vide interim orders it was
                                                                        c
directed to pay Rs.1,25,0001- p.m. w.e.f 711' June, 2017 till the end
of month of.July, 2017 and continue to pay the said amount w.e.f
the month of August, 2017 - On appeal, held: Without going into
 the merits of the case, tenant is directed to pay Rs.40,000/- p.m.
from the month of June, 2017, toward~ use and occupation -Arreat:~ D
 @ Rs.40,000/- p.m. from June 2017 shall be paid to the landlord
 withi/1 a period offour weeks' after deduction of the amount already
paid - The tenant shall continue to pay rent @ Rs.40,0001- -
 Impugned orders set aside - Howey.e1; an opportunity should be ·
 qfforded to the tenant to raise all the c~ntentionslissues - Matter E
 remitted back to High Court for considering the revision petition
 afresh - Till the matter is finally disp/ised of by the High Court, no
 coercive· steps shall be taken by landlord.
                                          .I


      Disposing of the appeals, the Court
      HELD: 1. Without going into the merits of the rival               F
contentions, the appellant-tenant is directed to pay an amount of
Rs.40,000/- per month from the month of June, 2017, towards
use and occupation and the same shall be directly paid to the
respondent-landlord. The arrears at the rate of Rs.40,000/- per
month from June, 2017 shall be paid to the landlord within a period     G
of four weeks deducting the amount ·already paid by the tenant.
The tenant shall continue to pay the rent at the rate of Rs. 40,000/-
to the landlord. [Para 5) [533-D]
      2. An opportunity should be afforded to the appellant-tenant
to raise all the contentions/ issues ... T:he matter is remitted back
                                                                        H
                                 531
532              SUPREME COURT REPORTS                      [2017] I 0 S.C.R.



A     to the High Court for consideration afresh. The High Court is
      requested to take up the main revision and dispose it of at an
      early date preferably within three months from the date of receipt
      of this order. The above order is passed without prejudice to the
      contentions of the both parties and all the contentions arc left
B     open. Till the matter is finally disposed of by the High Court, no
      coercive steps shall be taken by the landlord. (Para 6) [533-E-G]
          CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. l 6809-
      16810of20l7.
            From the Judgment and Order dated 21.07.2017 in CM No. 25602/
C     2017 in RC. REV. No. 102/2017 and25.07.2017 in CM No. 26153/2017
      in RC. Rev. No. 102/2017 of the High Court of Delhi at New Delhi.

            Rajiv K. Garg, Ashish Garg, Rajeev Kapoor, Harsh Nagar,
    . T. L. Garg, Advs. for the Appellants.
D           Sudhir Mendiratta, Adv. for the Respondent.
            The Judgment of the Court was delivered by
            R. BANUMATHI, J. I. Leave granted.
             2. These appeals have been filed against the interim impugned
E     orders dated 21" July, 2017 in C.M.No.25602/2017 and in RC.Review
      No.102/2017 dated 25'h July, 2017, in and by which the High Court
      directed the appellant-tenant to pay an amount ofRs.1,25,000/- per month
      with effect from 7°1 June, 2017 till the end of the month July, 2017 and
      also continue to pay the said amount to the respondent-landlord with
F     effect from the month of August, 2017.
         3. Brief facts are that virtue ofan unregistered lease deed executed
           111
  on 13 March, 2000, the appellant-tenant is on rent in the suit property
  being Shop No. I, situated on the ground floor, 219 Roop Nagar, Delhi.
  The respondent-landlord claims to have purchased the property by virtue
  ofa registered sale deed dated 07.02.2011 from the trust. The respondent-
G landlord has filed the suit for eviction before the learned Rent Controller
  for requirement of her son. The appellants had filed an application seeking
  leave to defend on the ground that there exists no landlord-tenant
  relationship. By the order dated 28.06.2016 the Rent Controller dismissed
  the application and declined leave to defend. Being aggrieved, the
H appellant-tenant approached the High Court. By the impugned order,
           BHARAT DEEP SETHI v. SONIA TAKK.AR                                 533
                   [R. BANUMATHI, J.]

the High CoUit has directed the appellant-tenant to pay a sum ofRs.1.25       A
Lacs per month.
      4. We have heard learned counsel for the parties at length. It is
pointed out by both parties that the High Court has only passed an interim
order and has not heard the parties on merits and whether the appellant-
tenant has got any' triable issue. The apellanHenant is stated to be in B
occupation of 190 sq.ft on the ground floor of the suit property bearing '
No. 2/9 Roop Nagar, Delhi. According to the respondent-landlord, the
tenanted premises is prime commercial property which would definitely
fetch not less than Rs.2 lakhs per montli. This is refuted by the counsel
appearing for the appellant-tenant and submitted that the amount fixed
at Rs.1.25 lacs is very much on the higher side and an opportunity ought C
to have been given to the appellant-tenant to contest the matter on merits.
      5. Without going into the merits of the rival contentions, we direct
the appellant-tenant to pay an amount of Rs,40,000/- per month from
the month of June, 2017, towards use and occupation and the same shall
be directly paid to the respondent-landlord. The arrears at the rate of D
Rs.40,000/- per month from June, 2017 shall be paid to the respondent-
landlord within a period of four weeks deducting the amount already
paid by the appellant-tenant to the respondent-landlord. The appellant-
tenant shall continue to pay the rent at the rate of Rs.40,000/- to the
respondent-landlord.                                                       E
       6. We are of the view that an opportunity should .be afforded to
the appellant-tenant to raise all the contentions/ issues. The impugned
orders dated 21.07.2017 and 25.07.2017 are set aside and the matter is
remitted back to the High Court for consideration afresh. We request
the High Court to take up the main revision and dispose it of at an early     F
date preferably within three months from the date of receipt of this
order. The above order is passed without prejudice to the contentions of
the both parties and all the contentions are left open. Till the matter is
finally disposed of by the High Court, no coercive steps shall be taken by
the respondent-landlord.
                                                                              G
      7. The appeals are disposed of accordingly.


Divya Pandey                                           Appeals disposed of.