BHAGWAN DEVI (SMT.) AND OTHERS Vs. VED PRAKASH AND OTHERS
LAWS(ALL)-2009-4-829
HIGH COURT OF ALLAHABAD
Decided on April 24,2009

Bhagwan Devi (Smt.) and others Appellant
VERSUS
Ved Prakash and others Respondents

JUDGEMENT

D.P.SINGH, J. - (1.) HEARD learned Counsel for the petitioners and Sri M.K. Gupta for the landlord-respondents.
(2.) THE petitioners are tenant at Rs. 55/- per month of the suit premises and the respondent-landlords filed Suit No. 166 of 1987 on the ground of default of payment of rent, where the defence of the petitioners was struck of vide order dated 15.10.2008 by the Judge, Small Causes Courts against which the petitionĀ­ers preferred a revision which has also been dismissed vide order dated 13.1.2009. During arguments, both the parties agreed that the defence of the petitionĀ­ers may be accepted, subject to condition that the suit may be decided within a fixed time frame and during its pendency, the petitioners a my deposit the rent/damages @ Rs. 200/-per month. The petitioners are also giving an undertaking in the nature of affidavit.
(3.) ACCORDINGLY , in the aforesaid background, this petition is allowed and the order dated 15.10.2008 and 13.1.2009 are hereby quashed, subject to deposit of rent @ Rs. 200/- per month w.e.f. March, 2009 till the date of decision of the suit. Both the parties undertake that the suit itself maybe decided within two months from the date of submission of a certified copy of this order and the petitioner-tenants shall not take any adjournment except on account of death or grievous hurt to them personally. In case of any adjournment, it should not be granted for more than three days at one stretch. Petition allowed.;


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