HINDUSTAN PETROLEUM CORPORATION LIMITED Vs. J. DHEVA LAKSHMI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5184 of 2017, Judgment Date: Apr 11, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 5184 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 16585 OF 2015 ]


HINDUSTAN PETROLEUM CORPORATION LIMITED                       Appellant (s)

                                VERSUS

J. DHEVA LAKSHMI                                              Respondent(s)


                               J U D G M E N T
KURIAN, J.
1.    Leave granted.

2.    The only surviving dispute is with regard to the  use  and  occupation
charges  for  the  period  between  12.02.2010  till  October  2015  by  the
appellant to the respondent, after the order of eviction till  the  property
was handed over.  The contracted rate of rent was  Rs.  5,000/-  per  month.
However, the respondent-landlord had, in fact,  requested  for  fixation  of
fair rent during the pendency of the proceedings.  The High Court took  note
of the report of the Rent Controller and fixed  the  rent  at  Rs.1,35,800/-
per month.

3.    Having heard the learned counsel on both sides  extensively,  we  find
it difficult to appreciate the stand taken  by  the  High  Court.   However,
since we are inclined to invoke our jurisdiction under Article  142  of  the
Constitution of India and give a quietus to the whole  dispute,  we  do  not
intend to deal with the matter on merits.

4.    It is directed that in full and final settlement of the entire  claims
of the  respondent  towards  use  and  occupation  charges  for  the  period
mentioned above, the appellant shall pay an amount of Rs. 30  Lakhs  to  the
respondent.

5.    Needless to say, the appellant is free to deduct the  Tax  at  Source.
The payment, as above, shall be made within  a  period  of  one  month  from
today.
6.    With the above observations and directions, the impugned order is  set
aside and the appeal is allowed.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


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

      New Delhi;
      April 11, 2017.