Ram Lakhan Gupta And 7 Ors. vs Radha Krishnaji Maharaj ...
2016 Latest Caselaw 2776 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- SECOND APPEAL No. - 224 of 2014
 

 
Appellant :- Ram Lakhan Gupta And 7 Ors.
 
Respondent :- Radha Krishnaji Maharaj Shankerji Virajman Mandir
 
Counsel for Appellant :- Sharad Malviya
 
Counsel for Respondent :- Mohd. Saleem Khan,Ateeq Ahmad Khan,Zafar Abbas
 

 
Hon'ble Pramod Kumar Srivastava,J.

Heard learned counsel for the respondents on disposal of civil misc. application no. 26101 of 2016, by which he prayed for payment of the amount deposited by defendants/appellants in trial court. In this regard, order dated 18.5.2015 has been passed by this Court by which it was directed that appellant shall deposit  a sum of Rs. 2,500/- per month as directed by the decree of the court below  as license fee for the use and occupation of the premises in dispute. Admittedly, this amount has been and is being deposited in trial court.

A perusal of the record reveals that in his written statement before trial court, defendant had admitted himself the responsible for payment of Rs. 2,500/- per month as rent. Therefore liability to pay amount as ordered on 18.5.2015 is admitted and plaintiffs/respondents' right to receive this amount is not disputed. Therefore, civil misc. application no. 26101 of 2016 is allowed and it is hereby held that plaintiffs/respondents are entitled to withdraw the said amount being deposited in lower court.

Order Date :- 18.5.2016

Sanjeev

.

Case :- SECOND APPEAL No. - 224 of 2014

Appellant :- Ram Lakhan Gupta And 7 Ors.

Respondent :- Radha Krishnaji Maharaj Shankerji Virajman Mandir

Counsel for Appellant :- Sharad Malviya

Counsel for Respondent :- Mohd. Saleem Khan,Ateeq Ahmad Khan,Zafar Abbas

In Re: Civil Misc. Application No. 26101 of 2016,

Hon'ble Pramod Kumar Srivastava,J.

Allowed.

For order, see my order of date passed on order sheet.

Order Date :- 18.5.2016

Sanjeev