A tenant who challenges a “fair rent” order but does not obtain a stay on it cannot rely on the pending case to avoid eviction, the Supreme Court has held. The Court upheld the eviction of a tenant for “wilful default” in rent payment, noting that although the tenant appealed against the enhanced rent, he never sought a stay on the fair rent fixed by the Court.

“Mere filing of an appeal does not operate as a stay of the decree/order under appeal is the statutory ordainment in sub-rule (1) of Rule 5 of Order XLI, CPC.” , observed a bench of Justices Dipankar Datta and Manmohan referring to Order XLI Rule 5 of Civil Procedure Code (“CPC”), reiterating a legal principle laid down in Girdharilal Chandak and Bros. v. Mehdi Ispahani 2011 (5) CTC 252 , that “If a person does not seek sta

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