AMRIK SINGH Vs. RAJPAL KAUR & ORS.

JUDGEMENT

(1.) The appellant before this Court was plaintiff in Civil Suit Nos.1848/08 & 1849/08 which had been filed against the respondent/tenant seeking recovery of arrears of rent with interest in respect of separate periods.

(2.) The Civil Suit No.1849/08 was decreed on 10th July, 2009 holding the appellant/plaintiff to be entitled to recover arrears of rent @he State of Gujarat v. Patel Ada Megha532 per month for the period 1st July, 1995 to 30th June, 1996 after making adjustments of the rent already deposited by the respondent/tenant in terms of the order passed by the learned ARC and learned RCT. Vide order dated 25th January, 1985 passed in IA No.6942/84 filed in Suit No.1891/1984, the appellant/plaintiff was also appointed as receiver of one-third of income from property No.2382-83, Gali No.12, Beadon Pura, Karol Bagh, New Delhi wherein the respondent is a tenant.

(3.) The prayer of the appellant/plaintiff to claim interest was declined by learned Trial Court observing that the respondent/tenant cannot be faulted for not making the payment of rent at the enhanced rate as said fact was sub-judice and the respondent/tenant had complied with the direction given by the Court in this respect.