DR. KARAN SINGH (DEAD) AND ORS. Vs. KUNWAR SHIV MAHENDRA KUMAR SINGH (DEAD) AND ORS.
LAWS(ALL)-2012-3-285
HIGH COURT OF ALLAHABAD
Decided on March 19,2012

Dr. Karan Singh (Dead) And Ors. Appellant
VERSUS
Kunwar Shiv Mahendra Kumar Singh Respondents

JUDGEMENT

- (1.) Notice on the behalf of respondent Nos. 1/1 and 1/2 has been accepted by Sri Anil Sharma, learned Counsel for the respondents, he prays for and is granted three weeks' time for filing counter-affidavit. The petitioners will have three weeks time thereafter for filing rejoinder-affidavit. List the matter in the second week of May, 2012 alongwith Writ A No. 10452 of 2012. Till the next date of listing, the petitioners shall not be evicted from the premises in dispute provided the petitioner deposits the entire decretal amount including the damages within a period of six weeks from today after adjusting the amount, if any, already deposited by the petitioners. On deposit of the said amount, the respondents-landlord shall be entitled to withdraw half of the amount without furnishing any security and the remaining half on furnishing security to the satisfaction of the Court concerned.
(2.) Considering the facts and circumstances of the case and the submission of the parties, it is further provided that the petitioners shall deposit Rs. 1,600/- per month as rent/damages w.e.f. March, 2012 for use and occupation of the disputed premises by 7th of each succeeding month before the Trial Court for immediate payment to the landlord..
(3.) In case of default in compliance of the aforementioned conditions, the stay order shall stand automatically vacated. It is made clear that the rate of rent has been enhanced to Rs. 1,600/- per month with the consent of learned Counsel for the petitioners.;


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