THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.3389 of 2010 ORDER: The respondent filed O.S.No.5536 of 2001 against the petitioner in the Court of the XVI Junior Civil Judge-cum-IV Additional Rent Controller, City Civil Court, Hyderabad for eviction of the petitioner from the suit schedule premises. The suit was decreed on 30.11.2009 after contest. Mesne profits were also awarded and separate enquiry was directed for that purpose. The petitioner filed A.S.No.58 of 2010 in the Court of the II Additional Chief Judge, City Civil Court, Hyderabad against the judgment and decree in O.S.No.5536 of 2001. He has also filed I.A.No.535 of 2010 for stay of execution of the decree. The appellate Court allowed the I.A. through order, dated 01.06.2010, by imposing a condition that the petitioner herein shall pay the rent at the rate of Rs.5,000/- per month on or before 10th of every succeeding month. The petitioner feels aggrieved by the condition imposed by the trial Court. Heard Sri Usman Shaheed, learned counsel for the petitioner and Sri S.Balchand, learned counsel for the respondent. The petitioner wanted to protect his possession during the pendency of the appeal and accordingly, filed I.A.No.535 of 2001. The lower appellate Court granted relief, but imposed the condition that the petitioner shall pay the rent at the rate of Rs.5,000/- per month. His grievance is that the enquiry into mesne profits is in progress and unless any finding is recorded therein, the imposition of condition as to payment of Rs.5,000/- would, in a way, prejudge the issue. It is, no doubt, true that the enquiry into mesne profits is in progress. However, it cannot be said that the lower appellate Court does not have the power to fix a fair amount to be paid during the pendency of the appeal, as a condition precedent for granting stay. The rent for the premises in question is at present Rs.1,100/- per month. That amount was fixed way back in the year 1987. The value of the building and the rents have recorded phenomenal progress over the past decades. This Court is of the view that ends of justice would be met if the amount is fixed at Rs.3,500/- per month, duly incorporating the condition that in case the mesne profits are decided during the pendency of the appeal, the petitioner shall be under obligation to pay the differential amount. Hence, the civil revision petition is partly allowed, directing that the petitioner shall be under obligation to pay the rent at the rate of Rs.3,500/- (Rupees three thousand and five hundred only) per month from the date of the decree in the suit, inclusive of the existing rent in the same manner and subject to the same terms as imposed by the lower appellate Court. It is further directed that in case the mesne profits are decided during the pendency of the appeal, the petitioner shall be under obligation to pay the differential amount within four months thereafter. The lower appellate Court shall endeavour to dispose of the appeal as early as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:06.08.2010. kdl