spb/- 1 wp623-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 623 OF 2011 Smt.Sunanda Arunkumar Jothardi & Ors. ... Petitioners. V/s. M/s. R.K.Builders & Ors. ... Respondents. --- Mr. S.G. Deshmukh i/by R. Shelke for the Petitioners. . Mr. T.V. Dahibaokar i/by Dahibawkar & Co. for the Respondents. ----- CORAM : D. G. KARNIK, J. DATE : 01st FEBRUARY, 2011. P.C. 1 Rule. By consent, Rule is made returnable forthwith. Heard learned counsel for the parties. 2 The petition is directed against an order dated 18.11.2010 passed by the Appellate Bench of the Small Causes Court, Mumbai directing the petitioner to pay compensation at the rate of Rs. 1,10,000/- per month from the date of decree as condition for stay, pending the hearing of the appeal. 3 The suit premises are residential premises admeasuring about 1300 square feet situated on first floor of a residential building known as Ratan House situate at Dadi Sheth Road, Mumbai 400 007. The petitioners are tenants occupying the suit premises since 1939. The initial agreed rent was Rs.148/- and presently, the petitioner is paying the rent at Rs.227/- per month. During the pendency of the appeal, the tenant is required to spb/- 2 wp623-11.sxw pay not only the agreed rent but the reasonable amount of compensation as a condition for a stay for execution of decree in view of the decision of the Supreme Court in the case of Atmaram Properties Ltd., vs. Federal Motors (P) Ltd., 2005(3) Bom C.R.274 (SC). However, the amount of compensation must be reasonable taking into consideration among others, the nature and age of the building, its locality and the purpose for which the premises are used. The suit premises are residential premises and the building is more than 70 years old. Taking into consideration these aspects, in my view, directing the petitioner to deposit an amount at the rate of Rs.1,10,000/- per month would virtually amount to evict him as according to the learned counsel for the petitioner, he would not be in a position to pay such a huge amount per month. In my view, it would be appropriate to direct the petitioner to pay an amount of Rs. 22,500/- per month which is hundred times the existing rent. 4 Accordingly, the petition is allowed and the impugned order is set aside. There shall be stay for execution of the decree passed by the trial court subject to the condition that the petitioner deposits in the trial court compensation quantified at the rate of Rs. 22,500/- per month from the date of the decree for possession. The arrears shall be deposited within a period of eight weeks. The petitioner shall continue to deposit compensation at the rate of Rs.22,500/- per month from February, 2011 onwards till disposal of the appeal on or before 10th day of each month. In the event of three cumulative defaults, the stay shall be liable to be vacated. [D.G. KARNIK, J.]