dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.5182 OF 2008 PETITION NO.5182 OF 2008 PETITION NO.5182 OF 2008 Kamleshsingh H. Chowhan Petitioner Vs. Shree Laxmi Fabrics Respondents. Mr.Vivek Kantawala i/by M/s.Vivek Kantawala & Co. for the petitioner. Mr.R.A.Thorat i/by M/s.Gupta & Gupta for the respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 6th January, 2009. : 6th January, 2009. : 6th January, 2009. P.C. P.C. P.C. By the impugned order, pending the Appeal, in Misc. Application, the Division Bench of Small Causes Court at Bombay, while staying the exparte eviction decree, imposed condition of depositing the arrears of rent at the rate of Rs.362/- per month in respect of the suit premises. This was without prejudice to the rights and contentions of both the parties. Admittedly there was no material placed on record to show that an amount of Rs.90,000/- per month can be the rent of the suit premises. 2. The burden lies upon the landlord to prove his claim of enhanced compensation/rent by putting ( 2 ) substantial material with evidence to support the same. In the absence of this, there is no illegality in passing such order. Mere contention is not sufficient. The Court need to consider various aspects while granting the reasonable compensation/rent, pending the Appeal as contemplated under Rule 41, Rule 5 of Civil Procedure Code. 3. Resultantly, no interference is called for in the impugned order. However, liberty is granted to the landlord/original plaintiff to move application for reasonable and fair compensation by placing material on record with regard to his claim. The petition is accordingly dismissed. No costs. . Certified copy expedited. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)