Rajiv Chaturvedi v. Additional District Judge, Court No. 8, Lucknow
2013-11-18
SIBGHAT ULLAH KHAN
body2013
DigiLaw.ai
JUDGMENT Sibghat Ullah Khan, J. There appears to be some conflict between different authorities of the Supreme Court on the question as to whether advance rent/security can be adjusted in the future rent or not? One authority is reported in A.I.R. 2002, Supreme Court page 2087 the other is reported in A.I.R. 2002 Supreme Court page 2276. Accordingly, matter requires consideration. 2. V.N.Singh, learned counsel, who appears for all respondents/landlords is required to file counter affidavit within three weeks', rejoinder affidavit may be filed within three weeks thereafter. List for admission in January 2014. 3. As far as stay is concerned the property in dispute is a shop situate at Malviya Nagar, Aishbagh Lucknow, which is an important area. Accordingly it is directed that until further order petitioner shall not be evicted from the property in dispute provided that w.e.f. November 2013 onward he pays rent to the land lords respondents by depositing the same before the J.S.C.C. For immediate payment to the land lords/respondents at the rate of Rs. 25,000/- per month by 7th of each succeeding month. However the rent of November 2013 may be deposited by 07.01.2014 alongwith the rent of December 2013. In case of two defaults stay order shall stand automatically vacated.