Courts can make tenants facing eviction pay more

New Delhi: The Supreme Court has ruled that courts have the power to impose higher rents as an interim measure on tenants facing eviction from their landlords.
Such an interim cost could be imposed as a pre-condition for staying the eviction order passed by the rent controller and the same would be subject to the final appeal in the case, a bench of Justice B N Aggrawal, Justice G S Singhvi and Justice Aftab Alam said.
The apex court passed the ruling while dismissing the appeal filed by the Maharashtra government challenging a direction of the Bombay high court asking it to deposit an Rs 5.40 lakh as deposit for staying an eviction order passed by the rent controller court.
The state government, which was a tenant , contended such a condition cannot be imposed as the monthly rent for the premises rented by it was around only Rs 5,327. Rejecting the argument, the apex court said, 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.
The judges, however, said the court would exercise restraint while fixing such rents.

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