Mohammad Rafiq, J. - (1.) THIS writ petition has been filed seeking to challenge the order by which the Appellate Rent Tribunal has passed the conditional order of stay dt. 22.3.2014 requiring the petitioner -tenant to pay arrears of rent and continue to pay the monthly rent every month and the subsequent order dt. 28.5.2014 by which the application seeking review of that order has been rejected. Shri R.N. Vijay, learned counsel for the petitioner submitted that the Appellate Rent Tribunal ought not to have passed the aforesaid order because the landlord has agreed to sale the disputed premises to the petitioner by executing agreement to sale, which fact is disputed by Shri B.L. Agarwal, learned counsel appearing for the landlord. He submits that the agreement to sale is forged one.
(2.) ON this learned counsel for the petitioner submits that the petitioner has filed a suit for specific performance and unless the agreement is proved to be forged, the suit filed would be taken as bona fide and therefore pending disposal of the suit, the petitioner may not be required to pay the rent. He submits that he is prepared to make payment of arrears of rent by cheque, subject to protection being provided to him thereabout. Having regard to the limited nature of controversy and also considering the fact that already order of eviction has been passed against the petitioner by the Rent Tribunal and the appeal there -against is yet to be decided by the Appellate Rent Tribunal, the writ petition is disposed of with direction that petitioner shall pay arrears of rent to the respondent by cheque in the course of day today and also pay monthly rent in future as per the direction of the Appellate Tribunal. However, such payment would be subject to final outcome of the judgment and decree, that may be passed by the civil Court in the suit for specific performance filed by the petitioner -tenant and may be liable to be adjusted against sale consideration if eventually the suit succeeds. The respondent -landlord would be entitled to raise all the defences that are available to him in the suit including about the agreement to sale not being genuine and forged. With that direction, the writ petition is disposed of.;