Shri. Kishor S/O. Ghanshyam Gaur vs Smt. Alaukika W/O. Shriram ...
2017 Latest Caselaw 1548 Bom

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                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  NAGPUR BENCH : NAGPUR


                                                       WRIT PETITION NO.3484/2016


Shri Kishor S/o Ghanshyam Gaur,
age 50 Yrs., Occu. Private, 
R/o Nari Road, Manav Nagar, 
Near Prem Furniture, Plot No.17, 
Nagpur.                                                                                                                                                          ..Petitioner.

           ..Vs..

Smt. Alaukika W/o Shriram Deogade, 
age 70 Yrs., Occu. Housewife, 
R/o Nari Road, Manav Nagar, 
Near Prem Furniture, Plot No.17, 
Nagpur.                                                                                                                                              ..Respondent.
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            Shri Raju Dhoble, Advocate for the petitioner.
            Shri Dilip Dani, Advocate for the respondent.
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                                                                 CORAM :  Z.A.HAQ, J.

                                                                 DATE  :     7.4.2017.


ORAL JUDGMENT

1. Heard Shri Raju Dhoble, Advocate for the petitioner and Shri Dilip Dani,

Advocate for the respondent.

2. Rule. Rule made returnable forthwith.

3. The original defendant has challenged the order passed by the trial Court

directing him to pay arrears of rent from January, 2014 to November, 2014 and

continue to pay the rent every month till disposal of the suit. This order is passed on

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an application filed by the plaintiff under Order 15-A of the Code of Civil Procedure.

The contention of the defendant is that he is not liable to pay the arrears of rent for

the period from January, 2014 to November, 2014 as the rent for that period is paid

by money orders and the documentary evidence is produced on record of the trial

Court to substantiate this.

4. The claim of the petitioner is that the defendant has not paid rent from

January, 2014 to November, 2014. According to the defendant he has paid the rent

for the above period, however, the plaintiff had not issued receipts acknowledging the

payment of rent and, therefore, subsequently he started sending rent by money-orders

and to substantiate this the defendant has relied on postal receipts dated 23.12.2014,

21.1.2015, 21.2.2015, 25.3.2015, 24.4.2015, 21.5.2015, 24.6.2015, 24.7.2015,

24.8.2015, 26.9.2015 and 28.10.2015.

After considering the facts on the record, I find that, at this stage, the

contention of the defendant that he paid the rent for the period from January, 2014

to November, 2014 cannot be accepted. The trial Court has not committed any error

by observing that the defendant is in arrears of rent for the period from January,

2014 till November, 2014. However, in the facts of the case it would be appropriate

to direct the defendant to deposit the amount of arrears of rent from January, 2014 to

November, 2014 at the rate of Rs.1,500/- per month with the trial Court and

disbursement of this amount shall be as per the orders to be passed at the time of

disposal of the civil suit. With this modification, the impugned order passed by the

trial Court is maintained. The writ petition is disposed in the above terms. In the

circumstances, the parties to bear their own costs.

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The amount of the arrears for the period from January, 2014 to

November, 2014 shall be deposited by the defendant till 2 nd May, 2017.

JUDGE

Tambaskar.