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2014 DIGILAW 1938 (ALL)

Lachho Devi v. Rajesh Kumar Kaushik

2014-07-03

MOHD.TAHIR

body2014
JUDGMENT Mohd. Tahir,J. This revision has been filed by the tenants against the judgment and decree dated 7.5.2014 passed by Judge, Small Cause Court/ Additional District Judge, Court No.2, Bulandshahar in S.C.C. Suit No.06 of 2009, Rajesh Kumar Kaushik and another Vs. Smt. Lachho Devi and another. The prayer of the revisionists is that the impugned judgment and decree be set aside and the S.C.C. Suit of the plaintiffs/respondents be dismissed. 2. Heard learned counsel for both the parties and perused the record. 3. Primafacie, a case is made out for consideration. 4. Hence, this revision is admitted for hearing. 5. The plaintiffs/respondents may file counter affidavit within four weeks. 6. This matter matter be listed after four weeks before appropriate bench. 7. Learned counsel for the defendants/revisionists has submitted that he is the tenant of the disputed two shops for the last about 30-35 years and in case the execution of the impugned decree is not stayed till the disposal of this revision, the defendants/revisionists will suffer irreparable loss. So, the execution of the impugned decree in question should be stayed till the decision of this revision. 8. On the other hand, learned counsel for the plaintiffs/ respondents objected the prayer of stay and has submitted that the rent of the disputed shops as per market rate is around Rs.6,000/- per month. So, the execution of the impugned decree should not be stayed. 9. In view of the rival submissions of learned counsel for both the parties and regard being had to all the facts and circumstances of the matter, the execution of the impugned decree is stayed till further order subject to the payment of the entire amount of rent that will be accrued till 31.7.2014 and further subject to the payment of Rs.4,500/- per month as rent of both disputed shops from 1.8.2014 regularly. 10. It is made clear that in case any default is made in payment of the arrears of the rent or the rent of Rs.4,500/- per month as aforesaid, this interim stay order shall come to an end automatically. 11. The decretal amount shall be paid by 31.7.2014 and the amount deposited in the Trial Court towards payment of rent shall be adjusted.