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    Mohd. Iqbal v. Atma Ram And Others

    Order

    1. Leave granted. Heard the learned counsel for the parties. By the impugned order, the High Court has, during the pendency of the writ petition filed by Respondent 1 landlord against the judgment of the Additional District Judge, Saharanpur, who set aside the eviction order passed by the prescribed authority, directed the petitioner tenant to pay rent at the rate of Rs 2100 per month in respect of the tenanted premises. The effect of this order is that the petitioner, who was paying Rs 150 per month will have to pay Rs 2100 per month.

    2. At the hearing, the learned counsel appearing on behalf of the respondent stated that the impugned order may be set aside and the High Court may be directed to dispose of the writ petition.

    3. We are also of the view that, in the facts and circumstances of the present case, the High Court should not have ordered payment of rent at the rate of Rs 2100 per month in place of Rs 150 per month. Accordingly, the appeal is allowed and the impugned order is set aside. The High Court shall now dispose of the writ petition in accordance with law.

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    Mohd. Iqbal v. Atma Ram And Others
    (Jan 19, 2009)