JAMUNA DEVI Vs. ADDITIONAL DISTRICT JUDGE AND OTHERS
LAWS(ALL)-2008-9-247
HIGH COURT OF ALLAHABAD
Decided on September 16,2008

JAMUNA DEVI Appellant
VERSUS
Additional District Judge and others Respondents

JUDGEMENT

S.U.KHAN, J. - (1.) IN the writ petition on 4.7.2008 I passed the following or­der :- "Writ petition is disposed of with the direction that until decision of review petition filed by tenant respondent No. 2, Gore lal against landlord petitioner before A.D.J./Special Judge/S.C.S.T. Act Jhansi in the form of Misc. Case No. 34 of 2008 related to S.C.C. Revision No. 26 of 2008 dispos­session of tenant respondent shall remain stayed on the condition that with effect from July 2008 on ward he deposits rent/damages for use and occupa­tion of the accommodation in dispute before the learned A.D.J. @ Rs. 750 per month by seventh of each succeeding month for immediate payment to landlord. In case of any default the stay order shall stand automatically vacated and respondent No. 2 shall at once be evicted through process of Court. This direction is being issued in view of the Supreme Court authority of Atma Ram Properties v. Federal Motors, 2005 (58) ALR 650 (SC)=2005 (26) AIC 84 (SC). On 7.7.2008 which is the next date fixed a certified copy of this order shall be supplied to learned Counsel for the tenant before the Court below. A certified copy of this order may be supplied to the learned Counsel for the petitioner on payment of usual charges today".
(2.) THROUGH this modification application it has been prayed that direc­tion for early disposal of the review petition may be granted. Learned Counsel for the landlady petitioner has argued that landlady is not at all interested in the rent of Rs. 750/- per month (as against the existing rent of Rs. 50/- per month) directed to be paid through aforesaid order dated 4.7.2008. Accordingly, order dated 4.7.2008 is recalled and substituted by the fol­lowing order: Court below is directed to decide review petition filed by tenant respondent No. 2 Gore lal very expeditiously preferably within three months from the date of production of certified copy of this order (review petition is pending before A.D.J./Special Judge, S.C.S.T. Act, Jhansi in the form of Misc. Case No. 34 of 2008).
(3.) MODIFICATION application accordingly, allowed. Application Allowed.;


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