MANGAL SINGH Vs. SMT. KRISHNA

JUDGEMENT

(1.) C.M. No. 10872/2014 This application is wholly misconceived in claiming that the eviction order is infructuous and eviction should not be ordered because the landlord has received the rent.

(2.) All I need to observe is that, when admitted rent is tendered and received during the pendency of the case, and which case is contested to the hilt, it is implicit that amounts are received towards rent without prejudice, because the fact is that the petition is simultaneously being contested.

(3.) Learned counsel for the petitioner argues that it is not written in the receipts that the amounts received are without prejudice. In my opinion, such writing is not so necessary because action of contesting the eviction petition and wanting to seek the eviction of the tenant is an indication that the amounts are received without prejudice, because otherwise the eviction petition would not have been pursued for eviction against the petitioner/tenant.