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Supreme Court of India

Heera Traders v. Kamla Jain

Neutral citation
Reported as [2022] 10 S.C.R. 291
Bench K.M. Joseph J.
Decided 22 February 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that in an appeal or revision preferred by a tenant against an order or 14 (2009) 9 SCC 772 15 (2008) 5 SCC 287 339 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.

Judgment, page 48

From the headnote

Madhya Pradesh Accommodation Control Act, 1961 – s.13 – When tenant can get benefit of protection against e viction – Interpretation of – Held: Even though s.13 does refer to the erstwhile tenant as a tenant and it obliges him to deposit th roughout the proceedings, the amounts, which can be treated as th e rent being paid, which would be contractual rent or even the rent fixed as the standard rent, this does not, by itself, alter the effect of the Decree/ Order of eviction passed by the Court, by which, he sto od deprived of the status of a tenant – Filing of an appeal or other p roceeding

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