- (1.) S. U. Khan, J. Heard Sri Virendra Kumar learned Counsel for the petitioner and Sri Pankaj Kumar Tyagi learned Counsel for the respondent No. 1, tenant the only contesting respondent in both the writ petitions.
(2.) ORIGINAL plaintiff Hari Mohan Arora filed suit for eviction against tenant respondent No. 1 Mam Singh in the form of S. C. C. Suit No. 61 of 1989. Hari Mohan Arora died and was substituted by proforma respondents Nos. 1 to 7. Hari Mohan Arora had executed an agreement for sale in favour of petitioner. Suit for specific performance was decreed and the Court executed sale deed of the property in dispute in favour of petitioner. The petitioner was thereafter impleaded as plaintiff No. 2. Earlier matter was decided by the J. S. C. C. Thereafter it was remanded. After remand the suit was decreed on 7. 3. 2007 by J. S. C. C. /civil Judge, S. D. Muzaffarnagar. Defendant was directed to pay rent/damages for use and occupation from 25. 5. 1987 to 3. 9. 1988 @ Rs. 550/- per month and thereafter @ Rs. 500/- per month. Suit for eviction was also decreed. Against the said judgment and decree tenant respondent No. 1 has filed S. C. C. Revision No. 10 of 2007 which is pending in the said revision on 11. 4. 2007, stay order was passed by the Revisional Court staying dispossession of the tenant revisionist. First writ petition is directed against the stay order. Thereafter landlord filed another application for direction to the tenant revisionist to pay rent @ Rs. 5,200/- per month from 4. 9. 1989. The said application was rejected by A. D. J. Court No. 8, Muzaffarnagar on 6. 5. 2008. Second writ petition is directed against the said order. Supreme Court in Atma Ram Properties v. Federal Motors, 2005 (1) SCO 705 : 2005 (2) ARC 936 : 2005 SCFBRC 99, has held that the eviction of tenant during pendency of revision or appeal shall be stayed on the condition of payment of reasonable amount.
(3.) ACCORDINGLY, both the writ petitions are disposed of by the following order : Until decision of S. C. C. Revision No. 10 of 2007 revisionist tenant Nam Singh shall not be dispossessed from the property in dispute provided that entire decreetal amount due till 31. 7. 2008 after adjusting any amount already deposited is deposited before the Revisional Court within six weeks from today for immediate payment to the landlord. It is further directed that with effect from July, 2008 onward tenant Ham Singh shall deposit Rs. 1,000/- per month as rent/damages for use and occupation by the 7th of each succeeding month for immediate payment to the landlord respondent.;