Vijay Agarwal (Ringsia) vs Gajanand Kajaria
2021 Latest Caselaw 3194 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                        S.A No. 50 of 2019
                 M/S Ram Swaroop Agarwal a proprietorship firm represented by its proprietor
                 1. Vijay Agarwal (Ringsia)
                 2. Sunil Agarwal (Ringsia)                        .... .... Appellant(s).
                                               Versus
                 Gajanand Kajaria                                   .... .... Respondent(s)
                                               ------

CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

THROUGH : VIDEO CONFERENCING

------

For the Appellant(S) : Mr. Indrajit Sinha, Advocate For the Respondent : Mr. Rahul Kumar Gupta, Advocate

------

13/31.08.2021 This appeal is by the tenant, against the judgment passed in Eviction Suit. On 28.01.2021, since the case was fixed for 18.2.2021, an undertaking was given by the counsel for the respondents (landlord) that they will not pursue the execution of writ of delivery of possession before the executing court. Again on 18.2.2021 this Court stayed the Execution Case No. 29 of 2018, fixing this case on 4.3.2021. The appellant-tenant is enjoying stay by virtue of the aforesaid order. The aforesaid order of stay is unconditional order of stay. Admittedly the appellant is a tenant and he has not paid/ nor is paying any amount on account of rent. It has been submitted by Mr. Indrajit Sinhal, counsel for the appellant that his client is unaware as to whom he has to pay rent because admittedly the property has been sold by the land-lord who is the respondent.

Considering the fact that appellant is a tenant and admittedly he is not paying rent in relation to the property which is in commercial area within the town of Jamshedpur, I direct the appellant to deposit a sum of Rs. 30,000/- per month within 10th day of each month from September, 2021 onwards, before the Execution Court in Execution Case No. 29 of 2018 till further orders.

Interim order dated 18.2.2021 shall continue till further orders subject to the payment which has been directed to be paid by the appellant.

On the request of the parties, list this case after two weeks.

(ANANDA SEN , J) anjali/ C.P 3