- (1.) By order dated 29.8.2006, the tenants were directed to deposit arrears of rent amounting to Rs. 4,33,101.00 due against them alongwith 9% interest per annum before the Appellate Court. Learned Counsel for the petitioners states that the tenant has now vacated the premises in dispute as such the writ petition may be dismissed as having become infructuous but on a query made by the Court regarding payment of arrears of rent to the landlords from the learned Counsel for the tenant, he is silent about it. Per contra, learned Counsel for the respondent has submitted that the writ petition has not become infructuous merely because that the possession of the disputed house has been handed over to the landlord as the order dated 29.8.2006 has not been complied with by the tenants with letter and spirit as he has not deposited the arrears of rent.
(2.) As regards payment of arrears of rent is concerned, the Executing Court shall calculate the amount alongwith interest as applicable regarding arrears of rent etc. and shall get the decree executed within a period of two months. The petitioners shall move an application for computation of the arrears of rent within a period of two months from the date of the moving of the application. The writ petition is accordingly, dismissed as having become infructuous.;