IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No. 2 of 2009 Date of decision: 12.05.2010 J.R. Nanda ….. Petitioner Versus Kanshi Nath Dalmia … Respondent Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. Ajay Kumar, Advocate. For the respondent: Mr. Neeraj Gupta, Advocate. V.K. Ahuja, J. (Oral): The present revision petition has been filed by the petitioner/tenant against the order passed by the learned Appellate authority under the H.P. Urban Rent Control Act. 2. A perusal of the order shows that while granting stay order in favour of the petitioner, the learned Appellate Authority had directed the petitioner/tenant to deposit use and occupation charges at the rate of Rs.3000/- P.M. from the date of eviction order till the disposal of the appeal. The petitioner has filed the present revision petition against the interim order passed by the Court while staying the order of eviction. It has been argued that the amount of Rs.3000/- P.M. allowed as use and occupation charges is excessive and deserves to be reduced accordingly. The tenancy was created in the year 1953 and the annual rent fixed was Rs.855/-. Keeping in view the date when the tenancy was created and rent was settled, in case the 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 petitioner wants to stay in the premises, he should pay the amount assessed by the learned Appellate Authority as use and occupation charges till the disposal of the appeal. However, the respondent shall not withdraw this amount and it shall be subject to the final order that may be passed in appeal by the Court. The revision petition filed by the petitioner stands accordingly disposed of. The arrears of use and occupation charges as assessed by the learned Appellate authority up-to-date be deposited within a period of one month from today. Record of the case be returned to the learned Appellate authority forthwith. 3. In view of the orders passed in the main revision petition, all the Miscellaneous Applications pending, if any, shall stand disposed of. ( V.K. Ahuja ) May 12, 2010 Judge (BSS)