PRADEEP KUMAR Vs. RANJIT KAUR

JUDGEMENT

(1.) Smt. Ranjit Kaur, the landlady obtained eviction order against S/Shri V.K. Malhotra and Pardeep Kumar, the present appellants, on October 19, 1982. Appeal filed against the order had been dismissed by the Tribunal and second appeal by this Court on 19th December, 1984. While execution proceedings were going on the present appellants filed objections stating that a new tenancy has been created in their favour. Under the new agreement a sum of Rs. 5,000.00 as security and other sum of Rs. 4.500.00 as advance rent for six months were paid.

(2.) In those proceedings the appellant filed application for staying the execution till the disposal of his objections. Learned Additional Rent Controller refused to stay the proceedings. Appeal filed against the said order was dismissed by the Tribunal.

(3.) Mr. Andley, learned counsel, contended that the landlady has executed an agreement and a receipt showing the new tenancy and, therefore, the appellant had a prima facie case.