Compensation to be determined at same rate at which landlord would have let out to any other tenant

Sumer Corporation Vs Vijay Anant Gangan & Ors. (Supreme Court of India)

Supreme Court held that determination/ award of compensation for use and occupation of the premises should be at the same rate at which the landlord would have been able to let out the premises and earn the rent if the tenant would have vacated the premises.

Facts-

Feeling aggrieved and dissatisfied with the impugned order passed by the High Court of Judicature at Bombay dated 05.11.2020 in Civil Revision Application No. 357 of 2017 by which while admitting the revision application preferred by the contesting respondents herein – original revisionists against the judgment and decree passed by the Appellate Bench of the Court of Small Causes at Mumbai and while staying the judgment and decree passed by the Appellate Bench, the High Court has directed the respondent No. 1 – original revisionist to deposit Rs. 2,50,000/- per month towards the compensation / mesne profit, the original lessor has preferred the present appeal.

Conclusion-

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