Raj kumar (Manager) 21 April 2012
In Landlord Tenant dispute when the tenant loses in the lower court he goes to the higher court in appeal as well as stay of order of lower court.. The judge may then award market rent as Mense profit to the Landlord. Now this is at the whim and fancy of the judge and is not applied uniformly leading to unequality in law which is our fundamental right. What can be done in this? Is writng to the Chief Justice of India ok? What else can be done ?
H. S. Thukral (Lawyer) 21 April 2012
Law gives a discreation to the Court to impose conditions when a decree of the trial court is stayed. Usually it is market rent which is directed to be paid during the stay. Writing to CJI would not help as it is law. Atma Ram Properties case and recent case of Maria Fernandes are directive cases of SC.
Raj kumar (Manager) 21 April 2012
Yes here exactly is my objection. Why should it be the judges discretion-it should be a uniform applicable law. Discretion breeds corruption and is unfiar to some. How to obviate this.
H. S. Thukral (Lawyer) 21 April 2012
Law gives discretionary powers in many matters. You have raised one issue only. There are other serious issues such as Bail and issuance of process by a magistrate. Law also provides that discretion is to be excercised judiciously. Superior court has power to look in to correctness of discretionary orders.
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