Smt. Vimala Sharma And Another vs Joravar Singh And 18 Others
2019 Latest Caselaw 2180 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2164 of 2019
 

 
Petitioner :- Smt. Vimala Sharma And Another
 
Respondent :- Joravar Singh And 18 Others
 
Counsel for Petitioner :- Brij Gopal
 
Counsel for Respondent :- Sudeep Harkauli
 

 
Hon'ble Manoj Kumar Gupta,J.

It is urged that since upon receipt of notice dated 9.4.2003, the entire arrears of rent was duly tendered to the plaintiff-landlord by money order within one month, consequently, there was no default in payment of rent as also held by the trial court. The revisional court, without setting aside the said finding has proceeded to examine whether the deposit made under Section 30 was sufficient or not, although once there was no default within the meaning of Section 20(2) of the Act, there was even no need of depositing any amount under Section 30 of the Act.

The matter requires consideration.

Notice on behalf of the plaintiff-respondents has been accepted by Sri Sudeep Harkauli. He prays for and is granted three weeks time to file counter affidavit. The petitioners will have a week thereafter to file rejoinder affidavit.

List in the week commencing 6 May 2019.

Having regard to the facts of the case and the submissions made, the eviction of the petitioners from the premises in dispute shall remain stayed till the next date of listing provided the petitioners deposit the entire decreetal amount, if not already deposited before the trial court within three weeks from today and continue to deposit rent/damages at the rate of Rs.500/- per month since March 2019 by 7th of the succeeding month as agreed to by learned counsel for the petitioners, failing which the interim order shall stand vacated automatically.

(Manoj Kumar Gupta, J.)

Order Date :- 30.3.2019

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