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2014 DIGILAW 2774 (ALL)

Ramesh Gautam v. Jagdamba Prasad

2014-09-08

PANKAJ MITHAL

body2014
JUDGMENT Pankaj Mithal,J. Heard learned counsel for the petitioner. 2. Petitioner has filed this petition challenging the order dated 6.11.2008 passed by the Incharge District Judge in Rent appeal No. 100 of 2008 (Dinesh Chaudhari Vs. Jagdamba Prasad) whereby as a condition to stay the eviction of the petitioner, he has been directed to deposit rent @ Rs. 3,500/- per month. 3. The submission of learned counsel for the petitioner is that at the time of filing of the appeal, the appellate court vide order dated 16.10.2008 had fixed the rent at Rs. 3,000/- per month to be payable by the petitioner during pendency of the appeal. There is no justification for increasing the rent of Rs. 3,500/- per month. 4. I have perused the two orders and find that initially at the time of presentation of the appeal rent of Rs. 3,000/- per month was directed to be paid as a condition for the stay of eviction but subsequently when the appeal was admitted for hearing, the appellate court on the contention of the landlord held that the premises in dispute can fetch rent @ Rs. 10,000/- per month instead of Rs. 3,500/- per month. 5. The above order is only an interlocutory order and a stop gap arrangement which is to prevail during pendency of the appeal. 6. The appeal is pending since 2008 and it arises out of proceedings under Section 21 (1) (b) of U.P. Act No. 13 of 1972. 7. Rule 15 of the Rules framed under the Act provides for disposal of the release application filed under Section 21 of the Act within two months. The said period is equally applicable to the appeals arising therefrom. 8. In view of the above, I do not consider that there is any substance so as to warrant interference in the writ petition. 9. I view of the above, it is disposed of with the direction to the appellate court to proceed and decide the above appeal in accordance with law as expeditiously as possible by curtailing all unnecessary adjournments and fixing shorts dates in quick succession within a period of four months from the date of production of the certified copy of this order.