V JANAKI Vs. AZIMUNNISA BEGUM

JUDGEMENT

(1.) C.R.P.No. 3172 of 1994 is against the order dated 26.10.1993 in R.C.A.No. 61 of 1992 confirming the judgment of the Rent Controller dated 29.11.1991 in M.P.No. 1140 of 1990 in R.C.O.P.No. 2734 of 1989.

(2.) C.R.P.No. 2788 of 1996 is against the order dated 26.10.1993 in R.C.A.No. 62 of 1992 confirming the order of the Rent Controller dated 29.11.1991 in R.C.O.P.No. 2734 of 1989.

(3.) THE learned Counsel for the respondent contended that after the eviction order was passed, the respondent filed execution petition and has taken delivery of possession of the building from the petitioner on 25.10.1994. It is also stated that when the appeal R.C.A.No. 407 of 1989 preferred against the fixation of fair rent in R.C.O.P.No. 1096 of 1985 there was no stay. Hence, the petition for eviction R.C.O.P.No. 2734 of 1989 was filed, stating that the tenant had committed default in payment of rent at Rs. 452 from April, 1989 to August, 1989. When the said petition was pending, the respondent filed petition under Section 11(4) of the Act claiming rent at Rs. 452. It is also to be seen that when the appeal R.C.A.No. 407 of 1989 was preferred against the fixation of fair rent at Rs. 452 there was no stay.