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Supreme Court of India 2022-02-22 partly_allowed

POOJA COLLECTIONS vs KAMLA JAIN

Bench: 2 — K.M. Joseph, Pamidighantam Sri Narasimha

In Brief

The Supreme Court addressed whether appellate courts can impose conditions beyond agreed rent when granting stay of eviction decrees under the Madhya Pradesh Accommodation Control Act, 1961. The Court held that despite Section 13 mandating rent deposits during appeals, passing an eviction decree strips the tenant of legal status—making them an unauthorized occupant liable for mesne profits. The Court relied on Atma Ram Properties and Super Max International precedents, concluding that Section 13's protections do not prevent appellate courts from imposing reasonable conditions for stay, including payment above contractual rent based on market rates, to compensate landlords for litigation delays.

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Rent Control Law Eviction Appellate Procedure Tenant Rights Mesne Profits Stay of Execution Code of Civil Procedure Statutory Interpretation Landlord and Tenant Law

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