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         REPORTABLE     IN THE  SUPREME COURT OF INDIA

                     CIVIL APPELLATE  JURISDICTION                                CIVIL APPEAL Nos.16809-16810 OF 2017     (Arising out of S.L.P. (Civil) No.20226-20227/2017)                                                            BHARAT DEEP SETHI   ..    APPELLANT(S)                   

  Versus

SONIA TAKKAR  ..    RESPONDENT(S)                                                      J U D G M E N T R. BANUMATHI,J.

1. Leave granted. 2. These  appeals  have  been  filed   against  the  interim

impugned orders dated 21st July, 2017 in C.M.No.25602/2017 and in RC.Review No.102/2017 dated 25th July, 2017, in and  by which the High Court directed the appellant-tenant to pay an amount of Rs.1,25,000/- per month with effect from 7th June, 2017 till the end of the month July, 2017 and also continue to pay the said amount to the respondent-landlord with effect from the month of August, 2017.

3. Brief facts are that virtue of an unregistered lease deed executed on 13th March, 2000, the appellant-tenant is on rent in the suit property being Shop No.1, situated on the ground floor, 2/9 Roop Nagar, Delhi.  The respondent-landlord claims  to  have  purchased  the  property  by  virtue  of  a registered sale deed dated 07.02.2011  from the trust.  The respondent-landlord has filed the suit for eviction before the

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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 appellant-tenant approached the High Court. By the  impugned  order,  the  High  Court  has  directed  the appellant-tenant to pay a sum of Rs.1.25 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 apellant-tenant is stated to be in 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 month.  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 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

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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. 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 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. 7. The appeals are disposed of accordingly.

                                  ....................J.                [R. BANUMATHI]                                 

                                  ....................J.            [S. ABDUL NAZEER]  

   NEW DELHI, OCTOBER 12, 2017.