P. K. Balasubramanyan, J. - (1.)This application is filed by the respondents in the above appeal praying for a clarification of the order dated 11-4-2005. It is prayed that the order be clarified as regards the amount to be paid towards arrears of rent after taking note of the sums earlier paid by them. This Court, in the Judgment, had directed Respondent No.1 to pay a sum of Rs.3,50,000/- and Respondent No.2 to pay a sum of Rs.3,00,000/- as a condition for enabling them to pursue their writ petition in the High Court. This was taking note of the fact that for a period of 26 years or so, no rent had been tendered or paid by these respondents towards the portions of the building occupied by them on the basis of allotments by the rent controller. It is the case of the respondents in the appeal, the petitioners herein, that during the pendency of the appeal in this Court, they had made some payments and it was just and necessary to permit the deduction of those sums paid from the amounts ordered to be deposited. Respondent No.1 submits that he had paid a sum of Rs.1,75,032/- and hence the balance amount payable by him is only Rs.1,74,968/- and there may be such a clarification. Respondent No.2 had paid a sum of Rs.1,45,860/- and the said amount may be permitted to be deducted from the sum of Rs.3,00,000/-, thus reducing the amount to be deposited by him to Rs.1,54, 140/-. The prayer is that the direction in the judgment may be clarified in the above manner.
(2.)It is seen that Respondent No.1 in the appeal, petitioner No.1 had tendered the entire amount of Rs.3,50,000/- as ordered by this Court and there was no argument on his behalf for making the adjustment as sought for by him. Therefore, we need not consider the case of petitioner No.1 in this application.
(3.)As far as Respondent No.2 in the appeal, petitioner No.2 herein, is concerned, the direction was to deposit a sum of Rs.3,00,000/-. In the appeal the landlord had filed IA No.4 of 2004, for issue of directions by this Court to the tenants, the petitioners herein, to pay the rent of the premises, accrued during the pendency of the litigation. The prayer in IA No. 5 of 2005 was for the issue of a direction to the respondents in the appeal, the petitioners herein, to vacate the premises. This Court had issued a direction on 5-4-2004, directing the occupants to pay the entire arrears of rent/damages within a period of two months from the date of the order and to continue to pay monthly rent/damages as and when it falls due. This Court also subsequently directed that whatever amount is tendered by the occupants may be received by the landlord without prejudice to her contentions. It is the case of Respondent No.2 in the appeal, that he had tendered a sum of Rs.1,45,860/- on 5-7-2004 and the sum had been received by the landlord and this payment had not been specifically taken note of in the Judgment though the fact that earlier the said amount tendered by way of a cheque was returned, has been noticed. Counsel, therefore submits that if this Court had noticed the subsequent acceptance by the landlord of this amount as paid, in the order dated 5-7-04 the amount to be deposited would not have been fixed at Rs.3,00,000/- but it would have been less than the amount ordered to be deposited. On behalf of the landlord it is submitted that no amount of rent had been paid for 26 years and it was in that context that this Court had directed Respondent No.2 in the appeal to deposit a sum of Rs.3,00,000/- and it was not as if this Court was not conscious of the fact that he had tendered a sum of Rs.1,45,860 on 5-7-2004. It is submitted that considering the importance of the locality, the nature of the building and the nature of the dispute, the order for deposit of Rs.3,00,000/- was just and there is no occasion for making a modification as claimed.