Ram Swaroop vs Smt Chandra Kanta
2022 Latest Caselaw 7018 Raj/2

                                               HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                           BENCH AT JAIPUR

                                                    S.B. Civil First Appeal No. 774/2017

                                    Ram Swaroop son of Ladu Lal
                                                                                             ----Appellant-defendant
                                                                          Versus
                                    Smt Chandra Kanta W/o Om Prakash
                                                                                            ----Respondent-plaintiff

                                   For Appellant(s)             :     Mr. B.M. Singh
                                                                      Mr. Yunus Khan
                                   For Respondent(s)            :     Mr. Manish Sharma


                                                  HON'BLE MR. JUSTICE SUDESH BANSAL
                                                                 Order

                                   04/11/2022

The instant first appeal has been filed by appellant-defendant against judgment and decree for eviction and arrears of rent passed by the trial Court vide judgment dated 5.10.2017 in suit No.6/2008.

This Court, vide order dated 29.1.2018 stayed the operation of impugned decree dated 5.10.2017 only in respect of eviction, no stay was passed in respect of payment of arrears of rent and future rent.

Appellant has moved second stay application seeking stay on arrears of rent and future rent at the rate of Rs.3000/- per month.

Per contra, counsel for respondent-landlord submits that appellant-defendant has neither paid any arrears of rent nor he is paying the present rent, therefore, the stay order dated 29.1.2018 be vacated.

Having considered aforesaid contention of both parties, the second stay application filed by appellant-defendant seeking stay on payment of arrears of rent/ future rent is dismissed.

Respondent-plaintiff is free to move an application for vacation of stay. He may submit details as to since when the appellant-defendant is in arrears of rent.

The appropriate orders on vacation of stay order dated 29.1.2018 shall be passed thereafter.

(SUDESH BANSAL),J

NITIN /30

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